Preview
ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP
This case was heard on January 19, 2023.
Appearances
NANCY ANN PEREZ, Petitioner and Maternal Grandmother, appeared in person and by
attorney of record, William Harrison, and announced ready for trial.
GERARDO BALTIERRA, Respondent and Father, appeared in person and by attorney of
record, Teri Estes-Hightower, and announced ready for trial.
Terri Mendez, Amicus Attorney, appeared and announced ready for trial.
Jurisdiction
The Court, having examined the parties' pleadings, and having heard evidence and argument
information necessary to support jurisdiction.
The petitioner, NANCY ANN PEREZ, the maternal grandmother has standing to bring
the suit, as a person with actual possession and control of the child for 6 months preceding
the filing of the suit.
ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP
Page 1 of 17
Record
A record was made by the Court Reporter of the 418th District Court.
Jury
A jury was waived and all questions of fact and of law were submitted to the Court.
Child
The following child is the subject of this suit:
Name: GERARDO LONNIE BALTIERRA
Sex: Male
Birth date: **/**/2016
County of Residence: Montgomery
Parenting Plan
Conservatorship
The Court finds that the following orders are in the best interests of the child of this suit.
Joint Managing Conservators.
THE COURT FINDS that the appointment of GERARDO BALTIERRA sole managing
IT IS THEREFORE ORDERED that GERARDO BALTIERRA and NANCY ANN
PEREZ are appointed joint managing conservators of GERARDO LONNIE BALTIERRA.
Except as specifically provided below, NANCY ANN PEREZ shall have all rights as a non-
parent Managing Conservator.
ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP
Page 2 of 17
Rights and Duties at all Times
IT IS ORDERED that GERARDO BALTIERRA and NANCY ANN PEREZ will each
have the following rights and duties at all times:
(a) the right to receive information from any other conservator of the child concerning the
health, education, and welfare of the child;
(b) the right to confer with the other conservator to the extent possible before making a
decision concerning the health, education, and welfare of the child;
(c) the right of access to medical, dental, psychological, and educational records of the
child;
(d) the right to consult with a physician, dentist, or psychologist of the child;
(e) the right to consult with school officials concerning the child's welfare and educational
status, including school activities;
(f) the right to attend school activities, including school lunches, performances, and field
trips;
(g) the right to be designated on the child's records as a person to be notified in case of an
emergency;
(h) the right to consent to medical, dental, and surgical treatment during an emergency
involving an immediate danger to the health and safety of the child;
(i) the right to manage the estates of the child to the extent the estates have been created
by the parent or the parent's family;
(j) the duty to inform the other conservator of the child in a timely manner of significant
information concerning the health, education, and welfare of the child;
(k) the duty to inform the other conservator of the child if the conservator resides with for
at least 30 days, marries, or intends to marry a person who the conservator knows is
ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP
Page 3 of 17
registered as a sex offender under Chapter 62 of the Code of Criminal Procedure or is
currently charged with an offense for which on conviction the person would be required
to register under that chapter. This required notice must be made as soon as practicable,
but not later than the 40th day after the date the conservator of the child begins to reside
with the person or the 10th day after the date the marriage occurs, as appropriate. The
notice must include a description of the offense that is the basis of the person's requirement
to register as a sex offender or of the offense with which the person is charged; and
(l) the duty to inform the other conservator of the child if the conservator:
(i) establishes a residence with a person the conservator knows is the subject of a final
protective order sought by an individual other than the conservator, that is in effect on
the date residence is established. This required notice must be made as soon as
practicable, but not later than the 30th day after the date the conservator of the child
begins to reside with the person who is the subject of a final protective order.
(ii) resides with, or allows unsupervised access to a child, by a person who is the
subject of a final protective order sought by the conservator after the expiration of the
60-day period following the date the final protective order is issued. This required
notice must be made as soon as practicable, but not later than the 90th day after the
date the final protective order was issued.
(iii) is the subject of a final protective order issued after the date of the order
establishing conservatorship. That this required notice must be made as soon as
practicable, but not later than the 30th day after the date the final protective order was
issued.
ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP
Page 4 of 17
WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS
A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE
ANY OF THE ABOVE NOTICES.
Rights and Duties During Periods of Possession
IT IS ORDERED that GERARDO BALTIERRA and NANCY ANN PEREZ each have
the following rights and duties during their respective periods of possession of the child:
(a) the duty of care, control, protection, and reasonable discipline of the child;
(b) the duty to support the child, including providing the child with clothing, food, shelter,
and medical and dental care not involving an invasive procedure;
(c) the right to consent for the child to medical and dental care not involving an invasive
procedure; and
(d) the right to direct the moral and religious training of the child.
GERARDO BALTIERRA's Right to Designate Primary Residence
IT IS ORDERED that GERARDO BALTIERRA will have the following rights and duties
at all times
(a) the exclusive right to designate the primary residence of the child. GERARDO
BALTIERRA shall not take any action to interfere with NANCY ANN PEREZ's
periods of possession as set out in this rendition.
(b) the exclusive right to collect child support. NANCY ANN PEREZ shall take all
steps necessary to assign the child's SSI benefits to GERARDO BALTIERRA
effective June 1, 2023.
(c) the exclusive right to represent the child in legal action and to make other
decisions of substantial legal significance concerning the child.
ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP
Page 5 of 17
(d) the exclusive right to make educational decisions. Notwithstanding, the child
shall continue in the current program of home schooling until August 7, 2023.
NANCY ANN PEREZ shall provide GERARDO BALTIERRA access credentials
and all information necessary to access the child's home school records, daily
curriculum and all information necessary for father to maintain the child's
homeschool curriculum during his periods of possession and until · August 7,
2023. GERARDO BALTIERRA shall notify NANCY ANN PEREZ in writing of
the child's school enrollment and any changes in the child's school enrollment.
The notice shall include whether the enrollment is home school, public or private
school and the name of the program/school and contact information.
(e) the exclusive right to consent to the child's marriage and enlistment in the
armed services.
(f) the exclusive right to the services and earnings of the child.
(g) except when a guardian of the child's estate or a guardian or attorney ad litem has
been appointed for the child, the exclusive right to act as an agent of the child in relation
to the child's estate if the child's action is required by a state, the United States, or a foreign
government; and
(h) the exclusive right to apply for a passport for the child; renew the child's passport; and
maintain possession of the child's passport.
Additional Rights of GERARDO BALTIERRA and NANCY ANN PEREZ
IT IS ORDERED that GERARDO BALTIERRA and NANCY ANN PEREZ have the
following additional rights with respect to the child:
ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP
Page 6 of 17
(a) The parties shall each have the right to consent to medical, dental and
psychological treatment involving invasive procedures while the child is in their
respective possession, after first notifying the other party in writing.
(b) The parties shall both have the right to consent to psychological/psychiatric
treatment while the child is in their respective possession. Notwithstanding, the
decision to administer any prescription medications for a mental health or
behavioral condition or to treat ADHD shall require the consent of GERARDO
BALTIERRA.
(c) Each party shall notify the' other party in writing of any appointment with a
medical health provider and/or mental health provider on the same day that the
appointment is scheduled, stating in writing the following facts:
Name of the provider
Address of the provider
Phone number of the provider and reason for the appointment ·
In the event a medical emergency prevents timely notice per above, the party
in possession of the child shall notify the other party at the first reasonable
time.
(d) On or before February 27, 2023, NANCY ANN PEREZ shall provide to
GERARDO BALTIERRA, in writing, a list of all the child's current health care
providers, with addresses and phone numbers.
POSSESSION OF AND ACCESS TO THE CHILD
Definitions for the Extended Standard Possession Order
As used in this Order, the following words have these meanings:
ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP
Page 7 of 17
(a) "Child" means each person, whether one or more, who is a subject of this suit while
under eighteen years of age, is not and has not been married, or who has not had the
disabilities of minority removed for general purposes.
(b) "School" means the elementary or secondary school in which the child is enrolled, or
if the child is not enrolled in an elementary or secondary school, the public school
district in which the child primarily resides.
IT IS ORDERED that the conservators shall have possession of the child at times mutually
agreed to in advance by the conservators, and in the absence of mutual agreement, the conservators
shall have possession of the child under the specified terms set out in this Order.
IT IS ORDERED that following is the possession and access schedule:
(a) PERIOD OF POSSESSON I. GERARDO BALTIERRA shall have possession
and access for a period of 14 days beginning no earlier than March 1, 2023, and no
later than April 1, 2023, said beginning date and time shall be designated by
GERARDO BALTIERRA to NANCY ANN PEREZ in writing on or before February
21, 2023.
(b) PERIOD OF POSSESSION II. GERARDO BALTIERRA shall have
possession and access beginning June 1, 2023, and ending August 7, 2023.
Notwithstanding the foregoing, NANCY ANN PEREZ shall have a right to
interrupt GERARDO BALTIERRA's period of possession with a superior right of
possession of 14 days during the month of July 2023, provided NANCY ANN
PEREZ gives GERARDO BALTIERRA written notice of her intent to exercise the
5-day superior right of possession, on or before May 1, 2023, and further provided
that she picks up the child from GERARDO BALTIERRA's residence and returns
the child to GERARDO BALTIERRA's residence at the end of the period of
ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP
Page 8 of 17
possession.
(c) Except as provided above, NANCY ANN PEREZ shall have possession of the
child between entry of the order from this rendition and August 7, 2023.
(d) PERIODS OF POSSESSION OCCURING AFTER August 7, 2023. GERARDO
BALTIERRA shall have
(e) Possession of the child at all times except as specifically awarded to NANCY
ANN PEREZ below.
(f) NANCY ANN PEREZ's Periods of possession occurring after August 7, 2023.
(g) Thanksgiving. Every year during the child's school Thanksgiving vacation,
beginning at the time school is recessed and ending at the time school reconvenes.
In the event the child is home schooled, the period of possession shall be the same
period of possession as the school district in which the child resides.
(h) Summer. Every year for a period of 14 days during the child's school summer
vacation provided NANCY ANN PEREZ gives GERARDO BALTIERRA written
notice on or before May 1 of each year.
(i) Special Periods to be Exercised locally. NANCY ANN PEREZ shall have
additional rights of weekend possession, not to exceed 6 times per calendar year
beginning at 6:00 p.m.. on Friday and ending 6:00 p.m. on Sunday, provided
NANCY ANN PEREZ gives GERARDO BALTIERRA written notice at least 30
days prior to a period of possession and further provided that the period of possession
be exercised within 200 miles of the child's residence.
(j) Burden of transportation. GERARDO BALTIERRA shall assume the burden
of transportation for his periods of possession occurring in Spring and Summer
2023. NANCY ANN PEREZ shall assume the burden of transportation for her
ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP
Page 9 of 17
periods of possession occurring during summer 2023 and after August 2023.
Personal Effects
Each conservator shall return with the child the personal effects that the child brought at
the beginning of the period of possession.
Designation of Competent Adult
Either conservator may designate a competent adult to pick up and return the child, as
applicable. A conservator or a designated competent adult shall be present when the child
is picked up or returned.
Inability to Exercise Possession
A conservator shall give notice to the person in possession of the child on each occasion
that the conservator will be unable to exercise that conservator's right of possession for a
specified period.
Written Notice
Written notice, including notice provided by electronic mail or facsimile, shall be deemed
to have been timely made if received or, if applicable, postmarked before or at the time
that notice is due, by U.S. certified mail, return receipt requested, within 7 days after the
occurrence of the event. Contained in the above notice, or as soon as new information
becomes available
Miscellaneous Provisions.
NANCY ANN PEREZ shall continue to maintain health insurance on the child through
State sponsored plan until August 7, 2023. Effective August 7, 2023, GERARDO
BALTIERRA shall provide health insurance coverage on the child either through private or
state sponsored plan.
ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP
Page 10 of 17
NANCY ANN PEREZ shall provide the child's social security number to GERARDO
BALTIERRA on or before February 27, 2023.
All notices required in the order shall be given through Our Family Wizard and the
parties are ordered to enroll in Our Family Wizard on or before February 1, 2023.
Amicus Out Standing Fees
Discharge of Amicus Attorney
The Court finds that TERRI C MENDEZ has satisfactorily discharged all of the legal duties and
obligations under chapter 107 of the Texas Family Code, and IT IS ORDERED that TERRI C
MENDEZ is hereby discharged and relieved of any further rights, duties, and responsibilities in this
case.
Amicus Fees and Expenses
The Court finds that reasonable and necessary fees and expenses were incurred by the Amicus
Attorney in this case. The Court finds that there is an outstanding balance of seven thousand dollars
($7,000.00) owed to the Amicus Attorney, TERRI C MENDEZ. The Court finds that the fees are
necessaries for the benefit of the child.
The Court further finds that the sum of Three Thousand, Five Hundred Dollars ($3,500.00) should
be assessed against GERARDO BALTIERRA for his one-half portion of the outstanding balance
owed to the Amicus Attorney. These fees are taxed as costs. IT IS THEREFORE ORDERED that
GERARDO BALTIERRA shall pay to TERRI C MENDEZ, cash, cashier's check, electronic funds
transfer or money order, at 113 Simonton St, Conroe, Texas 77301, the sum of Three Thousand,
Five Hundred Dollars ($3,500.00) on or before March 1, 2023 to TERRI C MENDEZ, 113
SIMONTON ST., CONORE, TX 77301. TERRI C MENDEZ enforce this order for fees in TERRI
C MENDEZ own name.
Additionally, the Court further finds that the sum of Three Thousand, Five Hundred Dollars
($3,500.00) should be assessed against NANCY ANN PEREZ for her one-half portion of the
outstanding balance owed to the Amicus Attorney. These fees are taxed as costs. IT IS ORDERED
that NANCY ANN PEREZ shall pay to TERRI C MENDEZ, cash, cashier's check, electronic funds
transfer or money order, at 113 Simonton St, Conroe, Texas 77301, the sum of Three Thousand,
Five Hundred Dollars ($3,500.00) on or before March 1, 2023 to TERRI C MENDEZ, 113
SIMONTON ST., CONORE, TX 77301. TERRI C MENDEZ enforce this order for fees in TERRI
C MENDEZ own name.
Judgment Against GERARDO BALTIERRA
IT IS ORDERED that TERRI C MENDEZ is granted a judgment for necessary and reasonable
Amicus Attorney fees and costs in the amount of Three Thousand, Five Hundred Dollars
($3,500.00) against GERARDO BALTIERRA, such judgment bearing interest at 6% per annum,
simple interest from the date this order is signed, for which let execution issue if not timely paid. IT
ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP
Page 11 of 17
IS ORDERED that said money judgment shall not be discharged in bankruptcy proceedings as the
money judgment is granted amicus fees deemed as reasonable and necessary incurred and
pursuant to 11 U.S.C.A. Section 523 (A)(5).
Judgment Against NANCY ANN PEREZ
IT IS ORDERED that TERRI C MENDEZ is granted a judgment for necessary and reasonable
Amicus Attorney fees and costs in the amount Three Thousand, Five Hundred Dollars ($3,500.00)
against NANCY ANN PEREZ, such judgment bearing interest at 6% per annum, simple interest
from the date this order is signed, for which let execution issue if not timely paid. IT IS ORDERED
that said money judgment shall not be discharged in bankruptcy proceedings as the money
judgment is granted amicus fees deemed as reasonable and necessary incurred and
pursuant to 11 U.S.C.A. Section 523 (A)(5).
Required Party Information
The following is the information required by Section 105.006 of the Texas Family Code:
(a) Name: GERARDO BALTIERRA
Social Security Number: XXX-XX-X545
XXXXX732
Issuing State: California
Current Residence: 4319 Harlan Avenue, Baldwin Park, California 91706
Home Telephone Number: 626-587-1099
Employer: Self employed
Address of Employment: 4319 Harlan Avenue, Baldwin Park, California 91706
Work Telephone Number: 626-587-1099
(b) Name: NANCY ANN PEREZ
(c)Social Security Number: XXX-XX-X793
(d) License Number: XXXXX803
(e)Issuing State: Texas
(f)Current Residence: 2249 Yellow Fern Path, Spring, Texas 77386
ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP
Page 12 of 17
(g)Home Telephone Number: 832-359-6563
(h)Employer: Dunkin Doughnuts
(i)Address of Employment: 2222 Rayford Road, Spring, Texas 77386
(j)Work Telephone Number: 281-972-6142
Required Notices to the Parties
FAILURE TO OBEY A COURT ORDER FOR CHILD SUPPORT OR FOR
POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN FURTHER LITIGATION
TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF
CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX
MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT
FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS.
EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY
EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY OF ANY
CHANGE IN THE PARTY'S CURRENT RESIDENCE ADDRESS, MAILING ADDRESS,
HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF EMPLOYMENT,
DRIVER'S LICENSE NUMBER, AND WORK TELEPHONE NUMBER. THE PARTY IS
ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF THE REQUIRED
INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE CASE
REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED CHANGE. IF
THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF THE CHANGE IN
SUFFICIENT TIME TO PROVIDE 60-DAY NOTICE, THE PARTY IS ORDERED TO GIVE
NOTICE OF THE CHANGE ON OR BEFORE THE FIFTH DAY AFTER THE DATE THAT
THE PARTY KNOWS OF THE CHANGE.
ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP
Page 13 of 17
THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY, THE
COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY PERSON,
BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT
OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD.
FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE
EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY WITH THE
CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER
LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A
FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO
SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY
JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS.
NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU MAY USE
REASONABLE EFFORTS TO ENFORCE THE TERMS OF CHILD CUSTODY SPECIFIED
IN THIS ORDER. A PEACE OFFICER WHO RELIES ON THE TERMS OF A COURT
ORDER AND THE OFFICER'S AGENCY ARE ENTITLED TO THE APPLICABLE
IMMUNITY AGAINST ANY CLAIM, CIVIL OR OTHERWISE, REGARDING THE
OFFICER'S GOOD FAITH ACTS PERFORMED IN THE SCOPE OF THE OFFICER'S
DUTIES IN ENFORCING THE TERMS OF THE ORDER THAT RELATE TO CHILD
CUSTODY. ANY PERSON WHO KNOWINGLY PRESENTS FOR ENFORCEMENT AN
ORDER THAT IS INVALID OR NO LONGER IN EFFECT COMMITS AN OFFENSE
THAT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR AS LONG AS TWO
YEARS AND A FINE OF AS MUCH AS $10,000.
Pursuant to Section 105.007 of the Texas Family Code, IT IS ORDERED that whenever
notice is required to be given, GERARDO BALTIERRA and NANCY ANN PEREZ shall inform
ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP
Page 14 of 17
each other, this Court, and the state case registry of an intended change in any of the information
required as long as any person, as a result of the order, is under an obligation to pay child support or
is entitled to possession of or access to a child. IT IS FURTHER ORDERED that notice of the
intended change be given at the earlier of (1) the 60th day before the date the party intends to make
the change; or (2) the fifth day after the date that the party knew of the change, if the party did not
know or could not have known of the change in sufficient time to comply with (1) above.
Pursuant to Section 105.007 of the Texas Family Code, IT IS ORDERED that a party shall
comply with this Order by giving written notice to each other party of an intended change in the
address of employment, and work telephone number. IT IS FURTHER ORDERED that the party
must give written notice by registered or certified mail. Notice to this Court may also be given by
delivering a copy of the notice in person to the clerk of this Court. Notice to the state case registry
shall be given by delivery of a copy of the notice to State Case Registry, Contract Services Section,
MC046S, P.O. Box 12017, Austin, Texas 78711-2017.
RELIEF NOT GRANTED
IT IS FURTHER ORDERED that all relief requested and not specifically granted by the
Court above is DENIED.
This is a final judgment for which let execution, together with all writs and processes
necessary to enforce this judgment, issue. All claims and all parties related to this suit are disposed of
and resolved, with finality, under this judgment, which is appealable.
ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP
Page 15 of 17
This Court retains the power to enforce or clarify the terms of this Decree. Such enforcement
or clarification shall not alter or affect the finality of this Decree.
SIGNED on ______________________________________.
_______________________________
JUDGE PRESIDING
APPROVED AS TO FORM:
_______________________________________
William Harrison
Attorney for: NANCY ANN PEREZ
State Bar No: 00789780
215 Simonton Street
Conroe, Texas 77301
Phone: 936-828-3898
Fax: 936-828-3965
Email: conroeattorney@yahoo.com
LAW OFFICE OF BRYAN FAGAN
By: Teri Estes-Hightower
Teri Estes-Hightower
Attorney for GERARDO BALTIERRA
Texas Bar No. 24028746
3707 Cypress Creek Parkway, Ste. 400
Houston, TX 77068
Phone: (281) 810-9760
Fax: (855) 668-0536
Email: eservice@bryanfagan.com
ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP
Page 16 of 17
_______________________________________
Terri Mendez
Amicus Attorney
State Bar No: 00798371
Mendez Law Solutions, LLC
113 Simonton St, Conroe, Texas 77301
Phone: 936/539-5761
Fax: 936/539-5762
Email: info@terricmendez.com
APPROVED AND CONSENTED AS TO BOTH FORM AND SUBSTANCE:
________________________________
NANCY ANN PEREZ, Petitioner
_________________________________
GERARDO BALTIERRA, Respondent
ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP
Page 17 of 17
Preview
ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP This case was heard on January 19, 2023. Appearances NANCY ANN PEREZ, Petitioner and Maternal Grandmother, appeared in person and by attorney of record, William Harrison, and announced ready for trial. GERARDO BALTIERRA, Respondent and Father, appeared in person and by attorney of record, Teri Estes-Hightower, and announced ready for trial. Terri Mendez, Amicus Attorney, appeared and announced ready for trial. Jurisdiction The Court, having examined the parties' pleadings, and having heard evidence and argument information necessary to support jurisdiction. The petitioner, NANCY ANN PEREZ, the maternal grandmother has standing to bring the suit, as a person with actual possession and control of the child for 6 months preceding the filing of the suit. ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP Page 1 of 17 Record A record was made by the Court Reporter of the 418th District Court. Jury A jury was waived and all questions of fact and of law were submitted to the Court. Child The following child is the subject of this suit: Name: GERARDO LONNIE BALTIERRA Sex: Male Birth date: **/**/2016 County of Residence: Montgomery Parenting Plan Conservatorship The Court finds that the following orders are in the best interests of the child of this suit. Joint Managing Conservators. THE COURT FINDS that the appointment of GERARDO BALTIERRA sole managing IT IS THEREFORE ORDERED that GERARDO BALTIERRA and NANCY ANN PEREZ are appointed joint managing conservators of GERARDO LONNIE BALTIERRA. Except as specifically provided below, NANCY ANN PEREZ shall have all rights as a non- parent Managing Conservator. ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP Page 2 of 17 Rights and Duties at all Times IT IS ORDERED that GERARDO BALTIERRA and NANCY ANN PEREZ will each have the following rights and duties at all times: (a) the right to receive information from any other conservator of the child concerning the health, education, and welfare of the child; (b) the right to confer with the other conservator to the extent possible before making a decision concerning the health, education, and welfare of the child; (c) the right of access to medical, dental, psychological, and educational records of the child; (d) the right to consult with a physician, dentist, or psychologist of the child; (e) the right to consult with school officials concerning the child's welfare and educational status, including school activities; (f) the right to attend school activities, including school lunches, performances, and field trips; (g) the right to be designated on the child's records as a person to be notified in case of an emergency; (h) the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child; (i) the right to manage the estates of the child to the extent the estates have been created by the parent or the parent's family; (j) the duty to inform the other conservator of the child in a timely manner of significant information concerning the health, education, and welfare of the child; (k) the duty to inform the other conservator of the child if the conservator resides with for at least 30 days, marries, or intends to marry a person who the conservator knows is ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP Page 3 of 17 registered as a sex offender under Chapter 62 of the Code of Criminal Procedure or is currently charged with an offense for which on conviction the person would be required to register under that chapter. This required notice must be made as soon as practicable, but not later than the 40th day after the date the conservator of the child begins to reside with the person or the 10th day after the date the marriage occurs, as appropriate. The notice must include a description of the offense that is the basis of the person's requirement to register as a sex offender or of the offense with which the person is charged; and (l) the duty to inform the other conservator of the child if the conservator: (i) establishes a residence with a person the conservator knows is the subject of a final protective order sought by an individual other than the conservator, that is in effect on the date residence is established. This required notice must be made as soon as practicable, but not later than the 30th day after the date the conservator of the child begins to reside with the person who is the subject of a final protective order. (ii) resides with, or allows unsupervised access to a child, by a person who is the subject of a final protective order sought by the conservator after the expiration of the 60-day period following the date the final protective order is issued. This required notice must be made as soon as practicable, but not later than the 90th day after the date the final protective order was issued. (iii) is the subject of a final protective order issued after the date of the order establishing conservatorship. That this required notice must be made as soon as practicable, but not later than the 30th day after the date the final protective order was issued. ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP Page 4 of 17 WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE ANY OF THE ABOVE NOTICES. Rights and Duties During Periods of Possession IT IS ORDERED that GERARDO BALTIERRA and NANCY ANN PEREZ each have the following rights and duties during their respective periods of possession of the child: (a) the duty of care, control, protection, and reasonable discipline of the child; (b) the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure; (c) the right to consent for the child to medical and dental care not involving an invasive procedure; and (d) the right to direct the moral and religious training of the child. GERARDO BALTIERRA's Right to Designate Primary Residence IT IS ORDERED that GERARDO BALTIERRA will have the following rights and duties at all times (a) the exclusive right to designate the primary residence of the child. GERARDO BALTIERRA shall not take any action to interfere with NANCY ANN PEREZ's periods of possession as set out in this rendition. (b) the exclusive right to collect child support. NANCY ANN PEREZ shall take all steps necessary to assign the child's SSI benefits to GERARDO BALTIERRA effective June 1, 2023. (c) the exclusive right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child. ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP Page 5 of 17 (d) the exclusive right to make educational decisions. Notwithstanding, the child shall continue in the current program of home schooling until August 7, 2023. NANCY ANN PEREZ shall provide GERARDO BALTIERRA access credentials and all information necessary to access the child's home school records, daily curriculum and all information necessary for father to maintain the child's homeschool curriculum during his periods of possession and until · August 7, 2023. GERARDO BALTIERRA shall notify NANCY ANN PEREZ in writing of the child's school enrollment and any changes in the child's school enrollment. The notice shall include whether the enrollment is home school, public or private school and the name of the program/school and contact information. (e) the exclusive right to consent to the child's marriage and enlistment in the armed services. (f) the exclusive right to the services and earnings of the child. (g) except when a guardian of the child's estate or a guardian or attorney ad litem has been appointed for the child, the exclusive right to act as an agent of the child in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government; and (h) the exclusive right to apply for a passport for the child; renew the child's passport; and maintain possession of the child's passport. Additional Rights of GERARDO BALTIERRA and NANCY ANN PEREZ IT IS ORDERED that GERARDO BALTIERRA and NANCY ANN PEREZ have the following additional rights with respect to the child: ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP Page 6 of 17 (a) The parties shall each have the right to consent to medical, dental and psychological treatment involving invasive procedures while the child is in their respective possession, after first notifying the other party in writing. (b) The parties shall both have the right to consent to psychological/psychiatric treatment while the child is in their respective possession. Notwithstanding, the decision to administer any prescription medications for a mental health or behavioral condition or to treat ADHD shall require the consent of GERARDO BALTIERRA. (c) Each party shall notify the' other party in writing of any appointment with a medical health provider and/or mental health provider on the same day that the appointment is scheduled, stating in writing the following facts: Name of the provider Address of the provider Phone number of the provider and reason for the appointment · In the event a medical emergency prevents timely notice per above, the party in possession of the child shall notify the other party at the first reasonable time. (d) On or before February 27, 2023, NANCY ANN PEREZ shall provide to GERARDO BALTIERRA, in writing, a list of all the child's current health care providers, with addresses and phone numbers. POSSESSION OF AND ACCESS TO THE CHILD Definitions for the Extended Standard Possession Order As used in this Order, the following words have these meanings: ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP Page 7 of 17 (a) "Child" means each person, whether one or more, who is a subject of this suit while under eighteen years of age, is not and has not been married, or who has not had the disabilities of minority removed for general purposes. (b) "School" means the elementary or secondary school in which the child is enrolled, or if the child is not enrolled in an elementary or secondary school, the public school district in which the child primarily resides. IT IS ORDERED that the conservators shall have possession of the child at times mutually agreed to in advance by the conservators, and in the absence of mutual agreement, the conservators shall have possession of the child under the specified terms set out in this Order. IT IS ORDERED that following is the possession and access schedule: (a) PERIOD OF POSSESSON I. GERARDO BALTIERRA shall have possession and access for a period of 14 days beginning no earlier than March 1, 2023, and no later than April 1, 2023, said beginning date and time shall be designated by GERARDO BALTIERRA to NANCY ANN PEREZ in writing on or before February 21, 2023. (b) PERIOD OF POSSESSION II. GERARDO BALTIERRA shall have possession and access beginning June 1, 2023, and ending August 7, 2023. Notwithstanding the foregoing, NANCY ANN PEREZ shall have a right to interrupt GERARDO BALTIERRA's period of possession with a superior right of possession of 14 days during the month of July 2023, provided NANCY ANN PEREZ gives GERARDO BALTIERRA written notice of her intent to exercise the 5-day superior right of possession, on or before May 1, 2023, and further provided that she picks up the child from GERARDO BALTIERRA's residence and returns the child to GERARDO BALTIERRA's residence at the end of the period of ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP Page 8 of 17 possession. (c) Except as provided above, NANCY ANN PEREZ shall have possession of the child between entry of the order from this rendition and August 7, 2023. (d) PERIODS OF POSSESSION OCCURING AFTER August 7, 2023. GERARDO BALTIERRA shall have (e) Possession of the child at all times except as specifically awarded to NANCY ANN PEREZ below. (f) NANCY ANN PEREZ's Periods of possession occurring after August 7, 2023. (g) Thanksgiving. Every year during the child's school Thanksgiving vacation, beginning at the time school is recessed and ending at the time school reconvenes. In the event the child is home schooled, the period of possession shall be the same period of possession as the school district in which the child resides. (h) Summer. Every year for a period of 14 days during the child's school summer vacation provided NANCY ANN PEREZ gives GERARDO BALTIERRA written notice on or before May 1 of each year. (i) Special Periods to be Exercised locally. NANCY ANN PEREZ shall have additional rights of weekend possession, not to exceed 6 times per calendar year beginning at 6:00 p.m.. on Friday and ending 6:00 p.m. on Sunday, provided NANCY ANN PEREZ gives GERARDO BALTIERRA written notice at least 30 days prior to a period of possession and further provided that the period of possession be exercised within 200 miles of the child's residence. (j) Burden of transportation. GERARDO BALTIERRA shall assume the burden of transportation for his periods of possession occurring in Spring and Summer 2023. NANCY ANN PEREZ shall assume the burden of transportation for her ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP Page 9 of 17 periods of possession occurring during summer 2023 and after August 2023. Personal Effects Each conservator shall return with the child the personal effects that the child brought at the beginning of the period of possession. Designation of Competent Adult Either conservator may designate a competent adult to pick up and return the child, as applicable. A conservator or a designated competent adult shall be present when the child is picked up or returned. Inability to Exercise Possession A conservator shall give notice to the person in possession of the child on each occasion that the conservator will be unable to exercise that conservator's right of possession for a specified period. Written Notice Written notice, including notice provided by electronic mail or facsimile, shall be deemed to have been timely made if received or, if applicable, postmarked before or at the time that notice is due, by U.S. certified mail, return receipt requested, within 7 days after the occurrence of the event. Contained in the above notice, or as soon as new information becomes available Miscellaneous Provisions. NANCY ANN PEREZ shall continue to maintain health insurance on the child through State sponsored plan until August 7, 2023. Effective August 7, 2023, GERARDO BALTIERRA shall provide health insurance coverage on the child either through private or state sponsored plan. ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP Page 10 of 17 NANCY ANN PEREZ shall provide the child's social security number to GERARDO BALTIERRA on or before February 27, 2023. All notices required in the order shall be given through Our Family Wizard and the parties are ordered to enroll in Our Family Wizard on or before February 1, 2023. Amicus Out Standing Fees Discharge of Amicus Attorney The Court finds that TERRI C MENDEZ has satisfactorily discharged all of the legal duties and obligations under chapter 107 of the Texas Family Code, and IT IS ORDERED that TERRI C MENDEZ is hereby discharged and relieved of any further rights, duties, and responsibilities in this case. Amicus Fees and Expenses The Court finds that reasonable and necessary fees and expenses were incurred by the Amicus Attorney in this case. The Court finds that there is an outstanding balance of seven thousand dollars ($7,000.00) owed to the Amicus Attorney, TERRI C MENDEZ. The Court finds that the fees are necessaries for the benefit of the child. The Court further finds that the sum of Three Thousand, Five Hundred Dollars ($3,500.00) should be assessed against GERARDO BALTIERRA for his one-half portion of the outstanding balance owed to the Amicus Attorney. These fees are taxed as costs. IT IS THEREFORE ORDERED that GERARDO BALTIERRA shall pay to TERRI C MENDEZ, cash, cashier's check, electronic funds transfer or money order, at 113 Simonton St, Conroe, Texas 77301, the sum of Three Thousand, Five Hundred Dollars ($3,500.00) on or before March 1, 2023 to TERRI C MENDEZ, 113 SIMONTON ST., CONORE, TX 77301. TERRI C MENDEZ enforce this order for fees in TERRI C MENDEZ own name. Additionally, the Court further finds that the sum of Three Thousand, Five Hundred Dollars ($3,500.00) should be assessed against NANCY ANN PEREZ for her one-half portion of the outstanding balance owed to the Amicus Attorney. These fees are taxed as costs. IT IS ORDERED that NANCY ANN PEREZ shall pay to TERRI C MENDEZ, cash, cashier's check, electronic funds transfer or money order, at 113 Simonton St, Conroe, Texas 77301, the sum of Three Thousand, Five Hundred Dollars ($3,500.00) on or before March 1, 2023 to TERRI C MENDEZ, 113 SIMONTON ST., CONORE, TX 77301. TERRI C MENDEZ enforce this order for fees in TERRI C MENDEZ own name. Judgment Against GERARDO BALTIERRA IT IS ORDERED that TERRI C MENDEZ is granted a judgment for necessary and reasonable Amicus Attorney fees and costs in the amount of Three Thousand, Five Hundred Dollars ($3,500.00) against GERARDO BALTIERRA, such judgment bearing interest at 6% per annum, simple interest from the date this order is signed, for which let execution issue if not timely paid. IT ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP Page 11 of 17 IS ORDERED that said money judgment shall not be discharged in bankruptcy proceedings as the money judgment is granted amicus fees deemed as reasonable and necessary incurred and pursuant to 11 U.S.C.A. Section 523 (A)(5). Judgment Against NANCY ANN PEREZ IT IS ORDERED that TERRI C MENDEZ is granted a judgment for necessary and reasonable Amicus Attorney fees and costs in the amount Three Thousand, Five Hundred Dollars ($3,500.00) against NANCY ANN PEREZ, such judgment bearing interest at 6% per annum, simple interest from the date this order is signed, for which let execution issue if not timely paid. IT IS ORDERED that said money judgment shall not be discharged in bankruptcy proceedings as the money judgment is granted amicus fees deemed as reasonable and necessary incurred and pursuant to 11 U.S.C.A. Section 523 (A)(5). Required Party Information The following is the information required by Section 105.006 of the Texas Family Code: (a) Name: GERARDO BALTIERRA Social Security Number: XXX-XX-X545 XXXXX732 Issuing State: California Current Residence: 4319 Harlan Avenue, Baldwin Park, California 91706 Home Telephone Number: 626-587-1099 Employer: Self employed Address of Employment: 4319 Harlan Avenue, Baldwin Park, California 91706 Work Telephone Number: 626-587-1099 (b) Name: NANCY ANN PEREZ (c)Social Security Number: XXX-XX-X793 (d) License Number: XXXXX803 (e)Issuing State: Texas (f)Current Residence: 2249 Yellow Fern Path, Spring, Texas 77386 ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP Page 12 of 17 (g)Home Telephone Number: 832-359-6563 (h)Employer: Dunkin Doughnuts (i)Address of Employment: 2222 Rayford Road, Spring, Texas 77386 (j)Work Telephone Number: 281-972-6142 Required Notices to the Parties FAILURE TO OBEY A COURT ORDER FOR CHILD SUPPORT OR FOR POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS. EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY OF ANY CHANGE IN THE PARTY'S CURRENT RESIDENCE ADDRESS, MAILING ADDRESS, HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF EMPLOYMENT, DRIVER'S LICENSE NUMBER, AND WORK TELEPHONE NUMBER. THE PARTY IS ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF THE REQUIRED INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED CHANGE. IF THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF THE CHANGE IN SUFFICIENT TIME TO PROVIDE 60-DAY NOTICE, THE PARTY IS ORDERED TO GIVE NOTICE OF THE CHANGE ON OR BEFORE THE FIFTH DAY AFTER THE DATE THAT THE PARTY KNOWS OF THE CHANGE. ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP Page 13 of 17 THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD. FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY WITH THE CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS. NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU MAY USE REASONABLE EFFORTS TO ENFORCE THE TERMS OF CHILD CUSTODY SPECIFIED IN THIS ORDER. A PEACE OFFICER WHO RELIES ON THE TERMS OF A COURT ORDER AND THE OFFICER'S AGENCY ARE ENTITLED TO THE APPLICABLE IMMUNITY AGAINST ANY CLAIM, CIVIL OR OTHERWISE, REGARDING THE OFFICER'S GOOD FAITH ACTS PERFORMED IN THE SCOPE OF THE OFFICER'S DUTIES IN ENFORCING THE TERMS OF THE ORDER THAT RELATE TO CHILD CUSTODY. ANY PERSON WHO KNOWINGLY PRESENTS FOR ENFORCEMENT AN ORDER THAT IS INVALID OR NO LONGER IN EFFECT COMMITS AN OFFENSE THAT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR AS LONG AS TWO YEARS AND A FINE OF AS MUCH AS $10,000. Pursuant to Section 105.007 of the Texas Family Code, IT IS ORDERED that whenever notice is required to be given, GERARDO BALTIERRA and NANCY ANN PEREZ shall inform ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP Page 14 of 17 each other, this Court, and the state case registry of an intended change in any of the information required as long as any person, as a result of the order, is under an obligation to pay child support or is entitled to possession of or access to a child. IT IS FURTHER ORDERED that notice of the intended change be given at the earlier of (1) the 60th day before the date the party intends to make the change; or (2) the fifth day after the date that the party knew of the change, if the party did not know or could not have known of the change in sufficient time to comply with (1) above. Pursuant to Section 105.007 of the Texas Family Code, IT IS ORDERED that a party shall comply with this Order by giving written notice to each other party of an intended change in the address of employment, and work telephone number. IT IS FURTHER ORDERED that the party must give written notice by registered or certified mail. Notice to this Court may also be given by delivering a copy of the notice in person to the clerk of this Court. Notice to the state case registry shall be given by delivery of a copy of the notice to State Case Registry, Contract Services Section, MC046S, P.O. Box 12017, Austin, Texas 78711-2017. RELIEF NOT GRANTED IT IS FURTHER ORDERED that all relief requested and not specifically granted by the Court above is DENIED. This is a final judgment for which let execution, together with all writs and processes necessary to enforce this judgment, issue. All claims and all parties related to this suit are disposed of and resolved, with finality, under this judgment, which is appealable. ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP Page 15 of 17 This Court retains the power to enforce or clarify the terms of this Decree. Such enforcement or clarification shall not alter or affect the finality of this Decree. SIGNED on ______________________________________. _______________________________ JUDGE PRESIDING APPROVED AS TO FORM: _______________________________________ William Harrison Attorney for: NANCY ANN PEREZ State Bar No: 00789780 215 Simonton Street Conroe, Texas 77301 Phone: 936-828-3898 Fax: 936-828-3965 Email: conroeattorney@yahoo.com LAW OFFICE OF BRYAN FAGAN By: Teri Estes-Hightower Teri Estes-Hightower Attorney for GERARDO BALTIERRA Texas Bar No. 24028746 3707 Cypress Creek Parkway, Ste. 400 Houston, TX 77068 Phone: (281) 810-9760 Fax: (855) 668-0536 Email: eservice@bryanfagan.com ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP Page 16 of 17 _______________________________________ Terri Mendez Amicus Attorney State Bar No: 00798371 Mendez Law Solutions, LLC 113 Simonton St, Conroe, Texas 77301 Phone: 936/539-5761 Fax: 936/539-5762 Email: info@terricmendez.com APPROVED AND CONSENTED AS TO BOTH FORM AND SUBSTANCE: ________________________________ NANCY ANN PEREZ, Petitioner _________________________________ GERARDO BALTIERRA, Respondent ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP Page 17 of 17