Motion to Amend in IN THE INTEREST OF S.L.S. AND A.C.S. CHILDREN| Trellis.Law

On March 27, 2015 a Motion,Ex Parte was filed involving a dispute between Shanklin, Tracey Kathleen, and Shanklin, Daniel Curtis, for Modify - Other in the District Court of Smith County.

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Electronically Filed
6/23/2015 2:46:33 PM
Lois Rogers, Smith County District Clerk
Reviewed By: «Name»

CAUSE NO. 15-0667—D

IN THE MATTER OF § IN THE COUNTY COURT AT LAW
THE MARRIAGE OF §
§
TRACEY KATHLEEN SHANKLIN §
AND § IN AND FOR
DANIEL CURTIS SHANKLIN §
§
AND IN THE INTEREST OF §
S.L.S. AND A.C.S., CHILDREN § SMITH COUNTY, TEXAS

FIRST AMENDED PETITION FOR DIVORCE

1. Discovery Level

Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas

Rules of Civil Procedure.

2. Parties

This suit isbrought by Tracey Kathleen Shanklin, Petitioner. The last three numbers of

Tracey Kathleen Shanklin's driver's license number are 033. The last three numbers of Tracey

Kathleen Shanklin's Social Security number are 527.

Daniel Curtis Shanklin is Respondent.

3. Domicile

Petitioner has been a domiciliary of Texas for the preceding six-month period and a

resident of this county for the preceding ninety-day period.

4. Service

Process should be served on Respondent in accordance with Rule 21a, Texas Rules of

Civil Procedure, by serving Respondent’s attorney of record, William H. Lively, Jr., 432 S.

Bonner Avenue, Tyler, Texas 75702.

5. Protective Order Statement

FIRST AMENDED PETITION FOR DIVORCE
PAGE 1 OF 10
No protective order under title 4 of the Texas Family Code is in effect, and no application

for a protective order is pending with regard to the parties to this suit.

6. Dates ofMarriage and Separation
The parties were married on or about February 1, 1997 and will cease to live together as

husband and wife.

7. Grounds for Divorce

The marriage has become insupportable because of discord or conﬂict of personalities

between Petitioner and Respondent that destroys the legitimate ends of the marriage relationship

and prevents any reasonable expectation of reconciliation.

8. Children of the Marriage
Petitioner and Respondent are parents of the following children of this marriage who are

not under the continuing jurisdiction of any other court:

Name: Steﬁnney Lynette Shanklin
Sex: Female
Birth date: January 24, 1998

Name: Amanda Carol Shanklin
Sex: Female
Birth date: January 28, 2003

There are no court-ordered conservatorships, court-ordered guardianships, or other court-

ordered relationships affecting the children the subject of this suit.

Information required by section 154.181(b) 0f the Texas Family Code will be provided at

a date prior to ﬁnal trial in this matter.

No property of consequence is owned or possessed by the children the subject of this suit.

Petitioner and Respondent, on ﬁnal hearing, should be appointed joint managing

conservators, with all the rights and duties of a parent conservator.

FIRST AMENDED PETITION FOR DIVORCE
PAGE 2 OF 10
Petitioner should be designated as the conservator who has the exclusive right to

designate the primary residence of the children. Respondent should be ordered to make

payments for the support of the children and to provide medical child support in the manner

speciﬁed by the Court. Petitioner requests that the payments for the support of the children

survive the death of Respondent and become the obligations of Respondent's estate.

9. Division of Community Properly
Petitioner requests the Court to divide the estate of Petitioner and Respondent in a

manner that the Court deems just and right, as provided by law.

I 0. Separate Property

Petitioner owns certain separate property that is not part of the community estate of the

parties, and Petitioner requests the Court to conﬁrm that separate property as Petitioner‘s separate

property and estate.

11. Reimbursement

Petitioner requests the Court to reimburse Petitioner‘s separate estate for funds or assets

expended by Petitioner‘s separate estate for the beneﬁt of Respondent's separate estate. Those

expenditures resulted in a direct beneﬁt to Respondent's separate estate. Petitioner's separate

estate has not been adequately compensated for or beneﬁted from the expenditure of those funds

or assets, and a failure by the Court to allow reimbursement to Petitioner's separate estate will

result in an unjust enrichment of Respondent‘s separate estate at the expense of Petitioner‘s

separate estate.

12. Postdivorce Maintenance

Petitioner requests the Court to order that Petitioner be paid postdivorce maintenance for

a reasonable period in accordance with chapter 8 of the Texas Family Code.

FIRST AMENDED PETITION FOR DIVORCE
PAGE 3 OF 10
13. Request for Temporary Orders and Injunction

Petitioner requests the Court, after notice and hearing, to dispense with the issuance of a

bond, to make temporary orders and issue any appropriate temporary injunctions for the

preservation of the property and protection of the parties and for the safety and welfare of the

children of the marriage as deemed necessary and equitable. Petitioner requests that the Court

enjoin Respondent from the following:

1. Communicating with Petitioner in person, by telephone, or in writing in vulgar,

profane, obscene, or indecent language or in a coarse or offensive manner.

2. Threatening Petitioner in person, by telephone, or in writing to take unlawful

action against any person.

3. Placing one or more telephone calls, anonymously, at any unreasonable hour, in

an offensive and repetitious manner, or without a legitimate purpose of communication.

4. Causing bodily injury to Petitioner or to a child of either party.

5. Threatening Petitioner or a child of either party with imminent bodily injury.

6. Destroying, removing, concealing, encumbering, transferring, or otherwise

harming or reducing the value of the property of one or both of the parties.

7. F alsifying any writing or record relating to the property of either party.

8. Misrepresenting 0r refusing to disclose to Petitioner or to the Court, on proper

request, the existence, amount, or location of any property of one or both of the parties.

9. Damaging 0r destroying the tangible property of one or both of the parties,

including any document that represents 0r embodies anything of value.

10. Tampering with the tangible property of one or both of the parties, including any

document that represents or embodies anything of value, and causing pecuniary loss to

FIRST AMENDED PETITION FOR DIVORCE
PAGE 4 OF 10
Petitioner.

11. Selling, transferring, assigning, mortgaging, encumbering, or in any other manner

alienating any of the property of Petitioner 0r Respondent, Whether personalty or realty, and

Whether separate or community, except as speciﬁcally authorized by order of this Court.

12. lncurring any indebtedness, other than legal expenses in connection with this suit,

except as speciﬁcally authorized by order of this Court.

13. Making Withdrawals from any checking or savings account in any ﬁnancial

institution for any purpose, except as speciﬁcally authorized by order of this Court.

14. Spending any sum of cash in Respondent's possession or subject to Respondent‘s

control for any purpose, except as speciﬁcally authorized by order of this Court.

15. Withdrawing or borrowing in any manner for any purpose from any retirement,

proﬁt-sharing, pension, death, or other employee beneﬁt plan or employee savings plan or from

any individual retirement account or Keogh account, except as speciﬁcally authorized by order

of this Court.

16. Entering any safe-deposit box in the name of or subject to the control of Petitioner

or Respondent, Whether individually or jointly with others.

17. Withdrawing or borrowing in any manner all or any part of the cash surrender

value of life insurance policies on the life of Petitioner or Respondent, except as speciﬁcally

authorized by order of this Court.

18. Changing or in any manner altering the beneﬁciary designation on any life

insurance on the life of Petitioner or Respondent or the parties' children.

19. Canceling, altering, failing to renew or pay premiums, or in any manner affecting

the present level of coverage of any life, casualty, automobile, or health insurance policies

FIRST AMENDED PETITION FOR DIVORCE
PAGE 5 OF 10
insuring the parties’ property or persons including the parties' children.

20. Opening 0r diverting mail addressed to Petitioner.

21. Signing or endorsing Petitioner's name on any negotiable instrument, check, or

draﬁ, such as tax refunds, insurance payments, and dividends, or attempting to negotiate any

negotiable instrument payable to Petitioner without the personal signature of Petitioner.

22. Taking any action to terminate or limit credit or charge cards in the name of

Petitioner.

23. Discontinuing or reducing the Withholding for federal income taxes on

Respondent‘s wages or salary While this case is pending.

24. Destroying, disposing of, or altering any ﬁnancial records of the parties, including

but not limited to records from ﬁnancial institutions (including canceled checks and deposit

slips), all records of credit purchases or cash advances, tax returns, and ﬁnancial statements.

25. Destroying, disposing of, or altering any e-mail or other electronic data relevant to

the subject matters of this case, whether stored on a hard drive or on a diskette or other electronic

storage device.

26. Terminating or in any manner affecting the service of water, electricity, gas,

telephone, cable television, or other contractual services, such as security, pest control,

landscaping, or yard maintenance, at 14551 County Road 45, Lindale, Texas 75771 or in any

manner attempting to Withdraw any deposits for service in connection with those services.

27. Excluding Petitioner from the use and enjoyment of the residence located at

14551 County Road 45, Lindale, Texas 75771.

28. Entering, operating, or exercising control over the vehicle in the possession of

Petitioner.

FIRST AMENDED PETITION FOR DIVORCE
PAGE 6 OF 10
29. Disturbing the peace of the children or of another party.

30. Withdrawing the children from enrollment in the school or day-care facility where

the children are presently enrolled.

31. Hiding or secreting the children from Petitioner.

32. Making disparaging remarks regarding Petitioner or Petitioner‘s family in the

presence or within the hearing of the children.

33. Consuming alcohol Within the 12 hours before or during the period of possession

of or access to the children.

34. Permitting an unrelated adult with whom Respondent has an intimate or dating

relationship to remain in the same residence with the children between the hours of 9:00 RM.

and 8:00 A.M.

Petitioner requests that Respondent be authorized only as follows:

To make expenditures and incur indebtedness for reasonable and necessary living

expenses for food, clothing, shelter, transportation, and medical care.

To make expenditures and incur indebtedness for reasonable attorney's fees and expenses

in connection with this suit.

To engage in acts reasonable and necessary to conduct Respondent's usual business and

occupation.

14. Request for Temporary Orders Concerning Use of Property
Petitioner requests the Court, after notice and hearing, for the preservation of the property

and protection of the parties, to make temporary orders and issue any appropriate temporary

injunctions respecting the temporary use of the parties' property as deemed necessary and

equitable, including but not limited to the following:

FIRST AMENDED PETITION FOR DIVORCE
PAGE 7 OF 10
Awarding Petitioner the exclusive use and possession of the residence located at 14551

County Road 45 , Lindale, Texas 75771, as well as the furniture, furnishings, and other personal

property at that residence, while this case is pending, and enjoining Respondent from entering or

remaining on the premises of the residence and exercising possession or control of any of this

personal property, except as authorized by order of this Court.

Awarding Petitioner exclusive use and control of the vehicle and enjoining Respondent

from entering, operating, or exercising control over it.

15. Request for Temporary Orders Regarding Children

Petitioner requests the Court, aﬁer notice and hearing, to dispense with the necessity of a

bond and to make temporary orders and issue any appropriate temporary injunctions for the

safety and welfare of the children of the marriage as deemed necessary and equitable, including

but not limited to the following:

Appointing Petitioner and Respondent temporary joint managing conservators, and

designating Petitioner as the conservator who has the exclusive right to designate the primary

residence of the children.

Ordering Respondent to pay child support, health insurance premiums for coverage on

the children, and 50 percent of the children's uninsured medical expenses While this case is

pending.

Ordering Respondent to produce copies of income tax returns for tax years 2012, 2013

and 2014, a ﬁnancial statement, and current pay stubs by a date certain.

16. Request for Interim Attorney 's Fees and Temporary Support

Petitioner requests the Court, after notice and hearing, for the preservation of the property

and protection of the parties, to make temporary orders and issue any appropriate temporary

FIRST AMENDED PETITION FOR DIVORCE
PAGE 8 OF 10
injunctions regarding attorney's fees and support as deemed necessary and equitable, including

but not limited to the following:

Petitioner requests that Respondent be ordered to pay reasonable interim attorney's fees

and expenses, including but not limited to fees for appraisals, accountants, actuaries, and so

forth. Petitioner is not in control of sufﬁcient community assets to pay attorney’s fees and

anticipated expenses.

Petitioner has insufﬁcient income for support, and Petitioner requests the Court to order

Respondent to make payments for the support of Petitioner until a ﬁnal decree is signed.

1 7. Request for Temporary Orders for Discovery and Ancillary Relief

Petitioner requests the Court, after notice and hearing, for the preservation of the property

and protection of the parties, to make temporary orders for discovery and ancillary relief as

deemed necessary and equitable, including but not limited to the following:

Ordering Respondent to provide a sworn inventory and appraisement of all the separate

and community property owned or claimed by the parties and all debts and liabilities owed by

the parties substantially in the form and detail prescribed by the Texas Family Law Practice

Manual (3rd ed.), form 7-1.

Ordering Respondent to produce copies of all the information necessary to prepare

Petitioner's tax returns for tax years 2012, 2013 and 2014, including tax returns and all

supporting schedules for tax years 2012, 2013 and 2014, by a date certain.

18. Request for Change ofName
Petitioner requests a change of name to Tracey Kathleen Brereton.

I9. Attorney '5 Fees, Expenses, Costs, and Interest

It was necessary for Petitioner to secure the services of James Andrew Carter, a licensed

FIRST AMENDED PETITION FOR DIVORCE
PAGE 9 OF 10
attorney, to prepare and prosecute this suit. To effect an equitable division of the estate of the

parties and as a part of the division, and for services rendered in connection with conservatorship

and support of the children, judgment for attorney's fees, expenses, and costs through trial and

appeal should be granted against Respondent and in favor of Petitioner for the use and beneﬁt of

Petitioner's attorney and be ordered paid directly to Petitioner's attorney, who may enforce the

judgment in the attorney‘s own name. Petitioner requests postjudgment interest as allowed by

law.

20. Prayer

Petitioner prays that citation and notice issue as required by law and that the Court grant a

divorce and all other relief requested in this petition.

Petitioner prays that the Court, after notice and hearing, grant a temporary injunction

enjoining Respondent, in conformity with the allegations of this petition, from the acts set forth

above while this case is pending.

Petitioner prays that Petitioner's name be changed as requested above.

Petitioner prays for attorney‘s fees, expenses, and costs as requested above.

Petitioner prays for general relief.

Respectfully submitted,

JAMES ANDREW CARTER
PO. Box 10050
Tyler, Texas 75711
Tel: (903) 509-4777
Fax: (903) 509-4778
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State Bar No.
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eﬁle@carterlawofﬁce.com
Attorney for Petitioner

FIRST AMENDED PETITION FOR DIVORCE
PAGE 10 OF 10

Case Info

Judge

Clark, Carole W Track Judge’s New Case

Case No.

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Document Filed Date

June 23, 2015

Case Filing Date

March 27, 2015

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Motion,Ex Parte: IN THE INTEREST OF S.L.S. AND A.C.S. CHILDREN

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