Preview
NOTICE: THIS DOCUMENT CONTAINS
SENSITIVE DATA
CAUSE NO. 17 367
IN THE INTEREST OF § IN THE 397 DISTRICT COURT
§
NOAH CRAVENS §
HALO CRAVENS §
§
CHILDREN § DENTON COUNTY, TEXAS
ORIGINAL COUNTER PETITION FOR CONSERVATORSHIP OF A CHILD
Counter Petitioner/Respondent Father WENDELL KEVIN CRAVENS, files this Original Counter
Petition for Conservatorship of the children, Noah Cravens and Halo Cravens and alleges as
follows:
I. DISCOVERY CONTROL PLAN
1. Counter Petitioner/Respondent Father intends to conduct discovery under Level 2 of Texas
Rule of Civil Procedure 190.3.
II. PARTIES
Counter Petitioner/Respondent Father is WENDELL KEVIN CRAVENS.
The last three digits of Counter Petitioner/Respondent Father’s Texas driver’s license number are
. The last three digits of Counter Petitioner /Respondent Father’s Social Security number are
.
Petitioner/Counter Respondent is Texas Department of Family and Protective Services
4. Respondent Mother is Whitney Nikole Johnson.
5. Intervenors are Zachary Landis and Laura Landis.
. STANDING
Counter Petitioner/Respondent Father has standing to bring this suit because Counter
Petitioner/Respondent Father is the father of the childre
Counter Petition for Conservatorship – Cravens Page 1 of 7
V. CHILDREN
. The following is the personal information of the children who are the subject of this suit:
Name: Noah Cravens
Sex: male
Date of birth: 5/16/2013
County of residence: Denton
Name: Halo Cravens
Sex: female
Date of birth: 3/14/2016
County of residence: Denton
. The children do not own or possess any property, other than personal effects.
. The information required by Texas Family Code section 154.181(b) about the status of the
children’s health insurance coverage will be provided.
. The information required by Texas Family Code section 154.1815(c) about the status of the
children’s dental insurance coverage will be provided
V. PROTECTIVE ORDERS
. No protective order under Texas Family Code title 4, protective order under Texas Code of
Criminal Procedure chapter 7A, or magistrate’s order for emergency protection under Texas
Code of Criminal Procedure article 17.292 is in effect regarding a party to the suit or a child of a
party to the suit, and no application for a protective order or magistrate’s order for emergency
protection is pending.
VI. JURISDICTION
. This Court has continuing, exclusive jurisdiction over this suit.
VII. VENUE
. Venue is proper in Denton County because the children reside in Denton County.
VIII. PERSONS ENTITLED TO CITATION
. The Department of Family and Protective Services has been requested to be the managing
conservator of the children and should be served with process through the attorney of record,
Counter Petition for Conservatorship Cravens Page of 7
Aaryn Lamb, 1450 E. McKinney St., Suite Denton, Texas 76209 940 Fax:
Aaryn.lamb@dentoncounty.com
. Whitney Nikole Johnson is the mother of the children and should be served with process
through her attorney of record, Julia Kerestine 1710 Westminster St., Suite E, Denton, Texas
75206, 940 8719, julia@juliakerestine.com
. Zachary Landis and Laura Landis are intervenors in this suit and should be served with
ocess through their attorney of record, Charity Borserine 6814 Lebanon Rd., Suite 101
Frisco, Texas 75034 940 Fax: 940 767 cborserine@friscolaawfirm.com
Lindsay Pruitt is the Guardian Ad Litem for the Children and should be served with process at
1417 E. McKinney Ste., Suite 110, Denton, Texas 76209, 940 4166, Fax: 940 3934
wohrlaw@gmail.com
. David Heiman is the Attorney Ad Litem for the Children and should be served with process at
405 State Highway 121 Bypass, Suite A 250 Lewisville, Texas 75067 469 Fax:
david@heimanlawfirm.com
X. CONSERVATORSHIP
Counter Petitioner/Respondent Father believes that the parties will enter into a written
agreement containing provisions for conservatorship and asks the Court to approve any such
agreement. If there is no agreement, Counter Petitioner/Respondent Father asks the Court to
enter an order for ounter Petitioner/Respondent Father’s requested relief.
Sole managing conservatorship
Counter Petitioner/Respondent Father asks the Court to appoint Counter
Petitioner/Respondent Father as sole managing conservator of the children
. In the alternative, if the Court does not appoint Counter Petitioner/Respondent Father as sole
managing conservator of the children Counter Petitioner/Respondent Father asks the Court to
appoint Counter Petitioner/Respondent Father as joint managing conservator of the hildren
Counter Petition for Conservatorship Cravens Page of 7
In the alternative, if the Court does not appoint Counter Petitioner/Respondent Father as joint
managing conservator of the children Counter Petitioner/Respondent Father asks the Court to
appoint Counter Petitioner/Respondent Father as possessory conservator of the children
Counter Petitioner/Respondent Father asks the Court to award Counter
etitioner/Respondent Father the following exclusive rights:
The right to determine the children’s primary residence without any geographic
restriction.
The right to consent for the children to medical and dental care and psychiatric,
psychological, and surgical treatment.
The right to receive and give receipt for periodic payments for the children’s
support and to hold or disburse these funds for the children’s benefit.
The right to represent the children in legal actions and to make other decisions of
substantial legal significance about the children
The right to consent to the children s enlistment in the armed forces of the United
States.
The right to make decisions about the children’s education.
The right to the children’s services and earnings.
Except when a guardian of the estate has been appointed for the children e right
to act as the children’s agent in relation to the estate if the children’s action is
required by a state, the United States, or a foreign government.
X. POSSESSION & ACCESS
Counter Petitioner/Respondent Father believes the parties will enter into a written agreement
containing provisions for possession of and access to the children and asks the Court to approve
any such agreement. If there is no agreement, Counter Petitioner/Respondent Father asks the
Court to enter an order for the Counter Petitioner/Respondent Father’s requested relief.
Counter Petitioner/Respondent Father asks the Court to enter a standard possession order
for the children
Counter Petitioner/Respondent Father also asks the Court to allow Counter
Petitioner/Respondent Father reasonable periods of electronic communication with the children
Counter Petition for Conservatorship Cravens Page of 7
to supplement Counter Petitioner/Respondent Father’s periods of possession. The equipment
necessary to facilitate the electronic communication is reasonably available to all parties.
XI. CHILD SUPPORT
27. Counter Petitioner/Respondent Father believes that he and Petitioner/Counter Respondent
and Respondent Mother and Intervenors will enter into a written agreement containing provisions
for support of the children. If an agreement is not reached, Counter Petitioner/Respondent Father
asks the Court to order Respondent Mother to pay current child support, medical support, and
dental support for the benefit of the children because Respondent Mother, as a parent, has an
ongoing duty to provide support.
XII. ATTORNEY FEES
. It was necessary for Counter Petitioner/Respondent Father to retain the services of Lynn
Switzer, a licensed attorney, to prepare and prosecute this suit. Judgment for reasonable attorney
fees and expenses through trial and appeal should be granted against Respondent Mother,
Petitioner/Counter Respondent Department of Family and Protective Services and Intervenors
and in favor of Lynn Switzer. The judgment, along with postjudgment interest, should be ordered
paid directly to Lynn Switzer, who may enforce the judgment in her own name.
XIII. JURY DEMAND
Counter Petitioner/Respondent Father demands a jury trial and tenders the appropriate fe
with this petition.
. REQUEST FOR DISCLOSURE
. Under Texas Rule of Civil Procedure 194, Counter Petitioner/Respondent Father requests
that Petitioner/Counter Respondent, Respondent Mother and Intervenors disclose, within 50 days
after service of this request, the information or material described in Rule 194.2.
Counter Petition for Conservatorship Cravens Page of 7
. PRAYER
For these reasons, Counter Petitioner/Respondent Father prays that citation and notice issue
as required by law and that the Court grant the requested conservatorship and award all other
relief to which Counter Petitioner/Respondent Father is entitled.
Counter Petitioner/Respondent Father prays for attorney’s fees, expenses and costs as
requested above.
Counter Petitioner/Respondent Father prays for general relief.
Respectfully submitted,
Switzer | Oney Attorneys At Law, PLLC
/s/ Lynn Switzer
Lynn Switzer
SBN: 24002213
P.O. Box 2040
Gainesville, TX. 76241
Fax: 940
lynn.switzer@thesolawfirm.com
Attorney for Counter Petitioner/Respondent
Father
Counter Petition for Conservatorship Cravens Page of 7
CERTIFICATE OF SERVICE
I hereby certify that on the 31 day of December, 2018, a true and correct copy of the foregoing
Original Counter Petition for Conservatorship of a Child has been served by eserve, in
accordance with the Texas Rules of Civil Procedure on the following parties:
Aaryn Lamb
Attorney for Petitioner, Dept. of Child and Protective Services
1450 E. McKinney St., Suite 3100
Denton, Texas 76209
2698
Fax: 940 2608
Aaryn.lamb@dentoncounty.com
Lindsay Pruitt
Guardian Ad Litem for the Children
1417 E. McKinney Ste., Suite 110
nton, Texas 76209
4166
Fax: 940 3934
wohrlaw@gmail.com
Julia Kerestine
Attorney for Respondent Mother Whitney Nikole Johnson
1710 Westminster St., Suite E
Denton, Texas 75206
8719
julia@juliakerestine.com
Charity Borserine
Attorney for the Intervenors Laura Landis and Zachary Landis
6814 Lebanon Rd., Suite 101
Frisco, Texas 75034
6700
Fax: 940 5080
cborserine@friscolaawfirm.com
David Heiman
Attorney Ad Litem for the Children
405 State Highway 121 Bypass, Suite A 250
Lewisville, Texas 75067
4764
Fax: 469 8140
david@heimanlawfirm.
/s/ Lynn Switzer
Lynn Switzer
Counter Petition for Conservatorship Cravens Page of 7
Preview
NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA CAUSE NO. 17 367 IN THE INTEREST OF § IN THE 397 DISTRICT COURT § NOAH CRAVENS § HALO CRAVENS § § CHILDREN § DENTON COUNTY, TEXAS ORIGINAL COUNTER PETITION FOR CONSERVATORSHIP OF A CHILD Counter Petitioner/Respondent Father WENDELL KEVIN CRAVENS, files this Original Counter Petition for Conservatorship of the children, Noah Cravens and Halo Cravens and alleges as follows: I. DISCOVERY CONTROL PLAN 1. Counter Petitioner/Respondent Father intends to conduct discovery under Level 2 of Texas Rule of Civil Procedure 190.3. II. PARTIES Counter Petitioner/Respondent Father is WENDELL KEVIN CRAVENS. The last three digits of Counter Petitioner/Respondent Father’s Texas driver’s license number are . The last three digits of Counter Petitioner /Respondent Father’s Social Security number are . Petitioner/Counter Respondent is Texas Department of Family and Protective Services 4. Respondent Mother is Whitney Nikole Johnson. 5. Intervenors are Zachary Landis and Laura Landis. . STANDING Counter Petitioner/Respondent Father has standing to bring this suit because Counter Petitioner/Respondent Father is the father of the childre Counter Petition for Conservatorship – Cravens Page 1 of 7 V. CHILDREN . The following is the personal information of the children who are the subject of this suit: Name: Noah Cravens Sex: male Date of birth: 5/16/2013 County of residence: Denton Name: Halo Cravens Sex: female Date of birth: 3/14/2016 County of residence: Denton . The children do not own or possess any property, other than personal effects. . The information required by Texas Family Code section 154.181(b) about the status of the children’s health insurance coverage will be provided. . The information required by Texas Family Code section 154.1815(c) about the status of the children’s dental insurance coverage will be provided V. PROTECTIVE ORDERS . No protective order under Texas Family Code title 4, protective order under Texas Code of Criminal Procedure chapter 7A, or magistrate’s order for emergency protection under Texas Code of Criminal Procedure article 17.292 is in effect regarding a party to the suit or a child of a party to the suit, and no application for a protective order or magistrate’s order for emergency protection is pending. VI. JURISDICTION . This Court has continuing, exclusive jurisdiction over this suit. VII. VENUE . Venue is proper in Denton County because the children reside in Denton County. VIII. PERSONS ENTITLED TO CITATION . The Department of Family and Protective Services has been requested to be the managing conservator of the children and should be served with process through the attorney of record, Counter Petition for Conservatorship Cravens Page of 7 Aaryn Lamb, 1450 E. McKinney St., Suite Denton, Texas 76209 940 Fax: Aaryn.lamb@dentoncounty.com . Whitney Nikole Johnson is the mother of the children and should be served with process through her attorney of record, Julia Kerestine 1710 Westminster St., Suite E, Denton, Texas 75206, 940 8719, julia@juliakerestine.com . Zachary Landis and Laura Landis are intervenors in this suit and should be served with ocess through their attorney of record, Charity Borserine 6814 Lebanon Rd., Suite 101 Frisco, Texas 75034 940 Fax: 940 767 cborserine@friscolaawfirm.com Lindsay Pruitt is the Guardian Ad Litem for the Children and should be served with process at 1417 E. McKinney Ste., Suite 110, Denton, Texas 76209, 940 4166, Fax: 940 3934 wohrlaw@gmail.com . David Heiman is the Attorney Ad Litem for the Children and should be served with process at 405 State Highway 121 Bypass, Suite A 250 Lewisville, Texas 75067 469 Fax: david@heimanlawfirm.com X. CONSERVATORSHIP Counter Petitioner/Respondent Father believes that the parties will enter into a written agreement containing provisions for conservatorship and asks the Court to approve any such agreement. If there is no agreement, Counter Petitioner/Respondent Father asks the Court to enter an order for ounter Petitioner/Respondent Father’s requested relief. Sole managing conservatorship Counter Petitioner/Respondent Father asks the Court to appoint Counter Petitioner/Respondent Father as sole managing conservator of the children . In the alternative, if the Court does not appoint Counter Petitioner/Respondent Father as sole managing conservator of the children Counter Petitioner/Respondent Father asks the Court to appoint Counter Petitioner/Respondent Father as joint managing conservator of the hildren Counter Petition for Conservatorship Cravens Page of 7 In the alternative, if the Court does not appoint Counter Petitioner/Respondent Father as joint managing conservator of the children Counter Petitioner/Respondent Father asks the Court to appoint Counter Petitioner/Respondent Father as possessory conservator of the children Counter Petitioner/Respondent Father asks the Court to award Counter etitioner/Respondent Father the following exclusive rights: The right to determine the children’s primary residence without any geographic restriction. The right to consent for the children to medical and dental care and psychiatric, psychological, and surgical treatment. The right to receive and give receipt for periodic payments for the children’s support and to hold or disburse these funds for the children’s benefit. The right to represent the children in legal actions and to make other decisions of substantial legal significance about the children The right to consent to the children s enlistment in the armed forces of the United States. The right to make decisions about the children’s education. The right to the children’s services and earnings. Except when a guardian of the estate has been appointed for the children e right to act as the children’s agent in relation to the estate if the children’s action is required by a state, the United States, or a foreign government. X. POSSESSION & ACCESS Counter Petitioner/Respondent Father believes the parties will enter into a written agreement containing provisions for possession of and access to the children and asks the Court to approve any such agreement. If there is no agreement, Counter Petitioner/Respondent Father asks the Court to enter an order for the Counter Petitioner/Respondent Father’s requested relief. Counter Petitioner/Respondent Father asks the Court to enter a standard possession order for the children Counter Petitioner/Respondent Father also asks the Court to allow Counter Petitioner/Respondent Father reasonable periods of electronic communication with the children Counter Petition for Conservatorship Cravens Page of 7 to supplement Counter Petitioner/Respondent Father’s periods of possession. The equipment necessary to facilitate the electronic communication is reasonably available to all parties. XI. CHILD SUPPORT 27. Counter Petitioner/Respondent Father believes that he and Petitioner/Counter Respondent and Respondent Mother and Intervenors will enter into a written agreement containing provisions for support of the children. If an agreement is not reached, Counter Petitioner/Respondent Father asks the Court to order Respondent Mother to pay current child support, medical support, and dental support for the benefit of the children because Respondent Mother, as a parent, has an ongoing duty to provide support. XII. ATTORNEY FEES . It was necessary for Counter Petitioner/Respondent Father to retain the services of Lynn Switzer, a licensed attorney, to prepare and prosecute this suit. Judgment for reasonable attorney fees and expenses through trial and appeal should be granted against Respondent Mother, Petitioner/Counter Respondent Department of Family and Protective Services and Intervenors and in favor of Lynn Switzer. The judgment, along with postjudgment interest, should be ordered paid directly to Lynn Switzer, who may enforce the judgment in her own name. XIII. JURY DEMAND Counter Petitioner/Respondent Father demands a jury trial and tenders the appropriate fe with this petition. . REQUEST FOR DISCLOSURE . Under Texas Rule of Civil Procedure 194, Counter Petitioner/Respondent Father requests that Petitioner/Counter Respondent, Respondent Mother and Intervenors disclose, within 50 days after service of this request, the information or material described in Rule 194.2. Counter Petition for Conservatorship Cravens Page of 7 . PRAYER For these reasons, Counter Petitioner/Respondent Father prays that citation and notice issue as required by law and that the Court grant the requested conservatorship and award all other relief to which Counter Petitioner/Respondent Father is entitled. Counter Petitioner/Respondent Father prays for attorney’s fees, expenses and costs as requested above. Counter Petitioner/Respondent Father prays for general relief. Respectfully submitted, Switzer | Oney Attorneys At Law, PLLC /s/ Lynn Switzer Lynn Switzer SBN: 24002213 P.O. Box 2040 Gainesville, TX. 76241 Fax: 940 lynn.switzer@thesolawfirm.com Attorney for Counter Petitioner/Respondent Father Counter Petition for Conservatorship Cravens Page of 7 CERTIFICATE OF SERVICE I hereby certify that on the 31 day of December, 2018, a true and correct copy of the foregoing Original Counter Petition for Conservatorship of a Child has been served by eserve, in accordance with the Texas Rules of Civil Procedure on the following parties: Aaryn Lamb Attorney for Petitioner, Dept. of Child and Protective Services 1450 E. McKinney St., Suite 3100 Denton, Texas 76209 2698 Fax: 940 2608 Aaryn.lamb@dentoncounty.com Lindsay Pruitt Guardian Ad Litem for the Children 1417 E. McKinney Ste., Suite 110 nton, Texas 76209 4166 Fax: 940 3934 wohrlaw@gmail.com Julia Kerestine Attorney for Respondent Mother Whitney Nikole Johnson 1710 Westminster St., Suite E Denton, Texas 75206 8719 julia@juliakerestine.com Charity Borserine Attorney for the Intervenors Laura Landis and Zachary Landis 6814 Lebanon Rd., Suite 101 Frisco, Texas 75034 6700 Fax: 940 5080 cborserine@friscolaawfirm.com David Heiman Attorney Ad Litem for the Children 405 State Highway 121 Bypass, Suite A 250 Lewisville, Texas 75067 4764 Fax: 469 8140 david@heimanlawfirm. /s/ Lynn Switzer Lynn Switzer Counter Petition for Conservatorship Cravens Page of 7