On August 24, 2012 a
Answer
was filed
involving a dispute between
Vaughan, Daniel & Karen,
and
Vaughn, Aaron,
Vaughn, Lacy,
for Modify - Custody
in the District Court of Smith County.
Preview
Electronically Filed
10/7/2014 11:15:54 AM
Lois Rogers, Smith County District Clerk
Reviewed By: Marilu Martinez
NO. 12-2355-D
IN THE INTEREST OF § IN THE DISTRICT COURT
§
TRISTAN VAUGHAN, TANNER § 3ZIST JUDICIAL DISTRICT
VAUGHAN, TARIN VAUGHAN AND §
TRINITY VAUGHAN, §
§
CHILDREN § SMITH COUNTY,TEXAS
OBJECTION AND RESPONSE TO MOTION FOR
PSYCHOLOGICAL EVALUATIONS
1. Discovery Level
Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas
Rules 0f Civil Procedure.
2. Objection t0 Assignment ofCase t0 Associate Judge
Intervenors, object t0 the assignment of this matter t0 an associate judge for a trial0n the
merits or presiding at a jury trial.
3. Objection to Motionfor Psychological Evaluations
Intervenor Vaughans would show that the children the subj ect of this suit were placed With
Intervenor Vaughans per the request 0f Lacy and Aaron Vaughan. In order for Child Protective
Services to place the children with Intervenor Vaughans, criminal histories were completed and
Intervenor Vaughans met all 0f the additional criteria required for said placement and this Court
placed the children with Intervenor Vaughans.
Intervenor Vaughans would show that for the Court t0 order psychological evaluations 0n
Intervenor Vaughans would significantly impair Intervenor Vaughans in that they would have to be
absent from work for at least two (2) days and would incur 10st wages which would cause an
additional and further undue hardship 0n Intervenor Vaughans since they are the sole supporters of
the children.
Additionally, Intervenor Vaughans would further show that the Respondent parents, Aaron
and Lacy Vaughan, were previously ordered by this Court t0 pay the sum of twenty five thousand
NO. 12-2355-D; ITIO VAUGHAN CHILDREN
OBJECTION AND RESPONSE TO MOTION
FOR PSYCHOLOGICAL EVALUATIONS PAGE 1
and no/ 100ths ($25,000.00) dollars in attorney fees to Daniel Vaughan and Karen Vaughan within
thirty (30) days of the Order entered 0n July 23, 2014. As 0f the date 0f this filing, Respondent
parents have failed to pay any of said monies to Intervenor Vaughans. Finally, both Respondent
parents are in arrears in payment 0f child support, and as such, should not be allowed to cause the
Intervenors additional and further expense.
Finally, this case isnow set for jury trial. Movants have had years in this case t0 request
same, and have failed to ever request a psychological evaluation on any 0f the Intervenors. Such
order now could very well cause further delay of the trial.
This request isfrivolous and unnecessary, and designed for n0 other reason than t0 harass the
Intervenors.
13AM
WHEREFORE, PREMISES CONSIDERED, Intervenor Vaughans request that the Court
deny Aaron and Lacy Vaughan’s Motion for Psychological Evaluations in it’s entirety.
Respectfully submitted,
Law Office 0f Alicia Barkley
217 W. Houston
Tyler, Texas 75702
Tel: (903) 597—5663
Fax: (903) 597—5664
J/
é/ééz/jz // g1;, v/a ,,,,,
By:
Alicia Barkley
State Bar N0.y00792424
Email: wanda@aliciacashell.com
alicia aliciacashell.com
Attorney for Intervenor Vaughans
NO. 12-2355-D; ITIO VAUGHAN CHILDREN
OBJECTION AND RESPONSE TO MOTION
FOR PSYCHOLOGICAL EVALUATIONS PAGE 2
CERTIFICATE OF SERVICE
Ihereby certify that a true and corr/c ficopx of the foregoing has been forwarded t0 all
/
rfl ;/ / //
f/ A
u
Kf
; r; ._
L / .
counsel of record 0n this f day of f
[fffffl f(ir’g/ ,
2014 1n accordance Wlth the
Texas Rules of Civil Procedure.
//’\'> 7
,»,* 2’"
x?
{ [jaw 4Q, kains/gfiuw
Alicia Barkley z/ /
NO. 12-2355-D; ITIO VAUGHAN CHILDREN
OBJECTION AND RESPONSE TO MOTION
FOR PSYCHOLOGICAL EVALUATIONS PAGE 3
Document Filed Date
October 07, 2014
Case Filing Date
August 24, 2012
Category
Modify - Custody
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
Electronically Filed 10/7/2014 11:15:54 AM Lois Rogers, Smith County District Clerk Reviewed By: Marilu Martinez NO. 12-2355-D IN THE INTEREST OF § IN THE DISTRICT COURT § TRISTAN VAUGHAN, TANNER § 3ZIST JUDICIAL DISTRICT VAUGHAN, TARIN VAUGHAN AND § TRINITY VAUGHAN, § § CHILDREN § SMITH COUNTY,TEXAS OBJECTION AND RESPONSE TO MOTION FOR PSYCHOLOGICAL EVALUATIONS 1. Discovery Level Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas Rules 0f Civil Procedure. 2. Objection t0 Assignment ofCase t0 Associate Judge Intervenors, object t0 the assignment of this matter t0 an associate judge for a trial0n the merits or presiding at a jury trial. 3. Objection to Motionfor Psychological Evaluations Intervenor Vaughans would show that the children the subj ect of this suit were placed With Intervenor Vaughans per the request 0f Lacy and Aaron Vaughan. In order for Child Protective Services to place the children with Intervenor Vaughans, criminal histories were completed and Intervenor Vaughans met all 0f the additional criteria required for said placement and this Court placed the children with Intervenor Vaughans. Intervenor Vaughans would show that for the Court t0 order psychological evaluations 0n Intervenor Vaughans would significantly impair Intervenor Vaughans in that they would have to be absent from work for at least two (2) days and would incur 10st wages which would cause an additional and further undue hardship 0n Intervenor Vaughans since they are the sole supporters of the children. Additionally, Intervenor Vaughans would further show that the Respondent parents, Aaron and Lacy Vaughan, were previously ordered by this Court t0 pay the sum of twenty five thousand NO. 12-2355-D; ITIO VAUGHAN CHILDREN OBJECTION AND RESPONSE TO MOTION FOR PSYCHOLOGICAL EVALUATIONS PAGE 1 and no/ 100ths ($25,000.00) dollars in attorney fees to Daniel Vaughan and Karen Vaughan within thirty (30) days of the Order entered 0n July 23, 2014. As 0f the date 0f this filing, Respondent parents have failed to pay any of said monies to Intervenor Vaughans. Finally, both Respondent parents are in arrears in payment 0f child support, and as such, should not be allowed to cause the Intervenors additional and further expense. Finally, this case isnow set for jury trial. Movants have had years in this case t0 request same, and have failed to ever request a psychological evaluation on any 0f the Intervenors. Such order now could very well cause further delay of the trial. This request isfrivolous and unnecessary, and designed for n0 other reason than t0 harass the Intervenors. 13AM WHEREFORE, PREMISES CONSIDERED, Intervenor Vaughans request that the Court deny Aaron and Lacy Vaughan’s Motion for Psychological Evaluations in it’s entirety. Respectfully submitted, Law Office 0f Alicia Barkley 217 W. Houston Tyler, Texas 75702 Tel: (903) 597—5663 Fax: (903) 597—5664 J/ é/ééz/jz // g1;, v/a ,,,,, By: Alicia Barkley State Bar N0.y00792424 Email: wanda@aliciacashell.com alicia aliciacashell.com Attorney for Intervenor Vaughans NO. 12-2355-D; ITIO VAUGHAN CHILDREN OBJECTION AND RESPONSE TO MOTION FOR PSYCHOLOGICAL EVALUATIONS PAGE 2 CERTIFICATE OF SERVICE Ihereby certify that a true and corr/c ficopx of the foregoing has been forwarded t0 all / rfl ;/ / // f/ A u Kf ; r; ._ L / . counsel of record 0n this f day of f [fffffl f(ir’g/ , 2014 1n accordance Wlth the Texas Rules of Civil Procedure. //’\'> 7 ,»,* 2’" x? { [jaw 4Q, kains/gfiuw Alicia Barkley z/ / NO. 12-2355-D; ITIO VAUGHAN CHILDREN OBJECTION AND RESPONSE TO MOTION FOR PSYCHOLOGICAL EVALUATIONS PAGE 3