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233-623981-17 FILED
TARRANT COUNTY
9/11/2020 7:54 PM
NOTICE: THIS DOCUMENT THOMAS A. WILDER
DISTRICT CLERK
CONTAINS SENSITIVE DATA.
CAUSE NO. 233-623981-17
IN THE INTEREST OF § IN THE DISTRICT COURT
§
ALEXA NICOLE PALOMINOS, § 233D JUDICIAL DISTRICT
§
A CHILD § TARRANT COUNTY, TEXAS
FIRST AMENDED PETITION TO MODIFY PARENT-CHILD
RELATIONSHIP
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Ismael Palominos, Movant, by and through his attorney of
record, Gregory J. Prickett, pursuant to Texas Family Code Section 156.401, files this
First Amended Petition to Modify Parent-Child Relationship and would show unto
the Court as follows:
Discovery Control Plan
1. Pursuant to Rule 190 of the Texas Rules of Civil Procedure, discovery is
intended to be conducted in this suit under Level 2.
Parties
2. This suit is brought by Ismael Palominos, Petitioner, who is the father to
the child the subject of this suit. The last three numbers of Ismael Palominos's Texas
driver’s license number are 069. The last three numbers of Ismael Palominos's Social
Security number are 518.
3. The Respondent is Sonia Palominos, who is the mother to the child the
subject of this suit. The last three numbers of Sonia Palominos's Texas driver’s license
number are 871. The last three numbers of Sonia Palominos's Social Security number
are 070.
FIRST AMENDED PETITION TO MODIFY
PARENT-CHILD RELATIONSHIP PAGE 1 OF 5
Service of Citation
4. No service is requested at this time.
Jurisdiction for Suit Affecting Parent-Child Relationship
5. This court has continuing, exclusive jurisdiction of the suit affecting the
parent-child relationship.
Child of the Suit
6. The following child is subject to this suit:
Name Gender Birth Date
Alexa Nicole Palominos Female 08/25/2015
Other Affected Parties
7. There are no court-ordered relationships for the child of this suit.
Order to Be Modified
8. The Order to be modified is entitled Reformed Agreed Final Decree of Divorce
and was signed on March 8, 2019.
Statement on Health Insurance
9. The information required under Section 154.181(b) and Section 154.1815 of
the Texas Family Code will be filed with this Court before any hearing on Temporary
Orders or a Final Order.
Statement on Child’s Property
10. The statement on the child’s property contained in the initial pleadings of
the underlying suit remains an accurate description and statement of value of all
property currently owned or possessed by the child.
FIRST AMENDED PETITION TO MODIFY
PARENT-CHILD RELATIONSHIP PAGE 2 OF 5
Conservatorship
11. Ismael Palominos believes that the current conservatorship orders are in
the best interest of the child of this suit.
Written Settlement Agreement
12. Ismael Palominos petitions the Court to modify an order for child support
that is based on a mediated settlement agreement.
Minimizing Disruptions
13. Ismael Palominos petitions the Court to order that the parties will provide
a safe, stable, and nonviolent environment for the child and will make reasonable
attempts to assure that the child will have frequent and continuing contact,
communications and visitation between and among each parent and child to optimize
the development of a close and continuing parent/child relationship while minimizing
disruption of the child's education, daily routine, and association with friends.
Child Support
The following modifications requested by Ismael Palominos are in the best
interest of the child of this suit.
Child Support Modification Grounds
14. The circumstances of a party affected by the Order, specifically Ismael
Palominos, have materially and substantially changed since the date of the signing
of a mediated or collaborative law settlement agreement on which the Order is based.
Child Support Modification Request
15. Ismael Palominos petitions the Court to modify the amount of support
ordered for obligations accruing after the earlier of the date of service of citation on
Sonia Palominos or Sonia Palominos’s appearance in this suit.
FIRST AMENDED PETITION TO MODIFY
PARENT-CHILD RELATIONSHIP PAGE 3 OF 5
Modification of Amount
16. Ismael Palominos petitions the Court to decrease the amount of child
support that is due to Sonia Palominos until the support obligation terminates.
Temporary Orders
1. Ismael Palominos petitions the Court to issue temporary orders to decrease
the amount of child support that is due to Sonia Palominos until further order of the
Court.
Attorney's Fees
2. It was necessary to hire Gregory J. Prickett and pay attorney’s fees to
prosecute this Petition to Modify Parent-Child Relationship. Ismael Palominos
petitions this Court to award reasonable and necessary attorney's fees and expenses
incurred through trial and appeal, as a judgment in favor of Ismael Palominos against
Sonia Palominos, and order the judgment and post-judgment interest to be paid
directly to Gregory J. Prickett who may enforce the order for fees by any means
available for the enforcement of a judgment for debt.
3. Ismael Palominos petitions this Court to order that all court costs incurred
in preparing and prosecuting this petition be taxed against Sonia Palominos.
Prayer
WHEREFORE, PREMISES CONSIDERED, Ismael Palominos prays that the
Court issue citation and notice as required by law and to grant the relief requested
in this Petition.
Ismael Palominos prays that he be awarded a judgment against Sonia
Palominos for reasonable attorney's fees, expenses, and costs.
Ismael Palominos prays for general relief.
Amended Temporary Emergency Standing Orders for the 233d District Court,
Tarrant County are attached and incorporated herein.
FIRST AMENDED PETITION TO MODIFY
PARENT-CHILD RELATIONSHIP PAGE 4 OF 5
Respectfully submitted,
Malonis & Prickett Law
2121 Ridgmar Blvd, Ste 623
Fort Worth, TX 76116
T: (214) 674-1774
F: (817) 887-3093
/S/Gregory J. Prickett
Gregory J. Prickett
Texas Bar Number: 24091330
greg.prickett@law-fortworth.com
Attorney for Ismael Palominos
Certificate of Service
I certify that a true copy of this document was served in accordance with Rule
21a of the Texas Rules of Civil Procedure on the following on September 11, 2020.
Jonathan W. Fox by electronic filing manager at jfox@foxlawdfw.com.
/S/Gregory J. Prickett
Gregory J. Prickett
Attorney for Ismael Palominos
FIRST AMENDED PETITION TO MODIFY
PARENT-CHILD RELATIONSHIP PAGE 5 OF 5
§ IN THE FAMILY DISTRICT COURT
§
§ TARRANT COUNTY TEXAS
AMENDED TEMPORARY EMERGENCY STANDING ORDER
Pursuant to Texas Supreme Court's FIRST EMERGENCY ORDER REGARDING THE
COVID-19 ST ATE OF DISASTER Misc. Docket No. 20-9042 this Court enters the following
this Temporary Emergency Standing Order.
This Temporary Emergency Standing Order is effective May 30, 2020 and shall expire on
December 31, 2020, unless extended by further order.
The Family District Courts shall be defined as the following courts: 231 st District Court,
233 rd District Court, 322nd District Court, 324th District Court, 325 th District Court:
This applies in every divorce suit and every suit affecting the parent-child relationship
filed in Tarrant County filed or pending in the following courts during the effective dates stated
above.
No party to this lawsuit has requested this order. Rather, this order is a standing order of
the Tarrant County Family District Courts. The District Courts of Tarrant County giving
preference to family law matters have adopted this order because the parties, their children and the
family pets should be protected, and their property preserved while the lawsuit is pending before
the court. Therefore, IT IS ORDERED:
1. NO DISRUPTION OF CHILDREN. All parties are ORDERED to refrain from doing
the following acts concerning any children who are subjects of this case:
1.1 Removing the children from the State of Texas for the purpose of changing residence,
acting directly or in concert with others, without the written agreement of both parties
or an order of this Court.
1.2 Disrupting or withdrawing the children from the school or day-care facility where the
children are presently enrolled, without the written agreement of both parties or an
order of this Court, unless that change is necessary because of school closures.
1.3 Hiding or secreting the children from the other parent or changing the children's
current place of abode, without the written agreement of both parties or an order of this
Court.
TARRANT COUNTY FAMILY COURTS STANDING ORDER 1
1.4 Disturbing the peace of the children.
1.5 Making disparaging remarks regarding the other party in the presence or within the
hearing of the children.
2. PROTECTION OF FAMILY PETS OR COMPANION ANIMALS. All parties are
ordered to refrain from harming, threatening, interfering with the care, custody, or control
of a pet or companion animal, possessed by a person protected by this order or by a member
of the family or household of a person protected by this order.
3. CONDUCT OF THE PARTIES DURING THE CASE. All parties are ORDERED to
refrain from doing the following acts:
3.1 Using the vulgar, profane, obscene, or indecent language, or a coarse or offensive
manner to communicate with the other party, whether in person or in any other manner,
including by telephone or another electronic voice transmission, video chat, social
media, or in writing, or electronic messaging, with intent to annoy or alarm the other
party.
3.2 Threatening the other party in person or in any other manner, including by writing, or
electronic messaging, to take unlawful action against any person, intending by this
action to annoy or alarm the other party.
3.3 Placing one or more telephone calls or text messages, at an unreasonable hour, in an
offensive or repetitious manner, without a legitimate purpose of communication, or
anonymously with the intent to alarm or annoy the other party.
3.4 Intentionally, knowing or recklessly causing bodily injury to the other party or to a
child of either party.
3.5 Threatening the other party or a child of either party with imminent bodily injury.
4. PRESERVATION OF PROPERTY AND USE OF FUNDS DURING DIVORCE
CASE. If this is a divorce case, both parties to the marriage are ORDERED to refrain
from intentionally and knowingly doing the following acts:
4.1 Destroying, removing, concealing, encumbering, transferring or otherwise harming or
reducing the value of the property of one or both of the parties.
4.2 Falsifying a writing or record including an electronic record, relating to the property
of either party.
4.3 Misrepresenting or refusing to disclose to the other party or to the Court, on proper
request, the existence, amount, or location of any tangible or intellectual property of
one or both of the parties, including electronically stored or recorded information.
4.4 Damaging or destroying the tangible or intellectual property of one of both of the
parties, including any document that represents or embodies anything of value, and
causing pecuniary loss to the other party, including electronically stored or recorded
information.
4.5 Tampering with the tangible or intellectual property of one or both of the parties,
including any document, electronically stored or recorded information, that represents
or embodies anything of value, and causing pecuniary loss to the other party.
4.6 Selling, transferring, assigning, mortgaging, encumbering, or in any other manner
alienating any of the property of either party, whether personal property or real
TARRANT COUNTY FAMILY COURTS STANDING ORDER 2
property or intellectual property, and whether separate or community, except as
specifically authorized by this order.
4.7 Incurring any indebtedness, other than legal expenses in connection with this suit,
except as specifically authorized by this order.
4.8 Making withdrawals from any checking or savings account in any financial institution
for any purpose, except as specifically authorized by this order.
4.9 Spending any sum of cash in either party's possession or subject to either party's
control for any purpose, except as specifically authorized by this order.
4.10 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 this order.
4.11 Signing or endorsing the other party's name on any negotiable instrument, check,
or draft, such as tax refunds, insurance payments, and dividends, or attempting to
negotiate any negotiable instrument payable to the other party without the personal
signature of the other party.
4.12 Destroying, disposing of, or altering, any financial records of the parties, including
canceled checks, deposit slips, and other records from a financial institution, a record
of credit purchases or cash advances, a tax return, and a financial statement.
4.13 Destroying, disposing of, or altering any email, text message, video message, or
chat message or social media message or other electronic data or electronically stored
information relevant to the subject matter of the suit for dissolution of marriage,
regardless of whether the information is stored on a hard drive in a removable storage
device, in cloud storage, or in another electronic storage medium.
4.14 Modifying, changing, or altering the native format or metadata of any electronic
data or electronically stored information relevant to the subject matter of the suit for
dissolution of marriage, regardless of whether the information is store on a hard drive
in a removable storage device, in cloud storage, or in another electronic storage
medium.
4.15 Deleting any data or content from any social network profile used or created by
either party or a child of the parties.
4.16 Using any password or personal identification number to gain access to the other
party's email account, bank account, social media account, or any other electronic
account.
4.17 Taking any action to terminate or limit credit or charge cards in the name of the
other party.
4.18 Entering, operating, or exercising control over the motor vehicle in the possession
of the other party.
4.19 Discontinuing or reducing the withholding for federal income taxes on wages or
salary.
4.20 Terminating or in any manner affecting the service of water, electricity, gas,
telephone, cable television, or other contractual services, such as security, pest control,
TARRANT COUNTY FAMILY COURTS STANDING ORDER 3
landscaping, or yard maintenance at the other party's residence or in any manner
attempting to withdraw deposits for service in connection with such services.
4.21 Excluding the other party from the use and enjoyment of the other party's
specifically identified residence.
4.22 Opening or redirecting mail, email, or any other electronic communication
addressed to the other party.
5. PERSONAL AND BUSINESS RECORDS IN DIVORCE CASE. "Records' means
any tangible document or recording and includes email or other digital or electronic data,
whether stored on a computer hard drive, diskette or other electronic storage device. If this
is a divorce case, both parties to the marriage are ORDERED to refrain from doing the
following acts: Concealing or destroying any family records, property records, financial
records, business records or any records of income, debts, or other obligations; falsifying
any writing or record relating to the property of either party.
6. INSURANCE IN DIVORCE CASE. If this is a divorce case, both parties to the marriage
are ORDERED to refrain from doing the following acts: Withdrawing or borrowing in
any manner all or any part of the cash surrender value oflife insurance policies on the life
of either party, except as specifically authorized by this order. Changing or in any manner
altering the beneficiary designation on any life insurance on the life of either party or the
parties' children. Cancelling, altering, or in any manner affecting any casualty, automobile,
or health insurance policies insuring the parties' property or persons including the parties'
minor children.
7. SPECIFIC AUTHORIZATIONS IN DIVORCE CASE. If this is a divorce case, both
parties to the marriage are specifically authorized to do the following: To engage in acts
reasonable and necessary to the conduct of that party's usual business and occupation; To
make expenditures and incur indebtedness for reasonable and necessary living expenses
for food, clothing, shelter, transportation and medical care; To make withdrawals from
account in financial institutions only for the purposes authorized by this order.
8. SERVICE AND APPLICATION OF THIS ORDER. The Petitioner shall attach a copy
of this order to the original petition and to each copy of the petition. At the time the petition
is filed, if the Petitioner has failed to attach a copy of this order to the petition and any copy
of the petition, the Clerk shall ensure that a copy of this order is attached to the petition and
every copy of the petition presented. This order is effective upon the filing of the original
petition and shall remain in full force and effect as a temporary restraining order for
fourteen days after the date of the filing of the original petition. If no party contests this
order by presenting evidence at a hearing on or before fourteen days after the date of the
filing of the original petition, this order shall continue in full force and effect as a temporary
injunction until it expires by the terms of this order or further order of the court. This
entire order will terminate and will no longer be effective once the court signs a final order.
TARRANT COUNTY FAMILY COURTS STANDING ORDER 4
9. EFFECT OF OTHER COURT ORDERS. If any part of the order is different from
any part of a protective order that has already been entered or is later entered, the
protective order provisions prevail.
10. BOND WAIVED. IT IS ORDERED that the requirement of a bond is waived.
THIS TARRANT COUNTY STANDING ORDER REGARDING CHILDREN,
PROPERTY AND CONDUCT OF PARTIES SHALL BECOME EFFECTIVE ON
MAY 30, 2020 expire on December 31, 2020 unless extended by further order of this
Court.
Hon. Kenneth Newell
Judge, 233rd District Court
~~
Judge
-n-,o-"
25th District Court
on. James Munford .5-_/i-,,;JO'-<'
Judge, 322nd District Court
TARRANT COUNTY FAMILY COURTS STANDING ORDER 5
9. EFFECT OF OTHER COURT ORDERS. If any part of the order is different from
any part of a protective order that has already been entered or is later entered, the
protective order provisions prevail.
10. BOND WAIVED. IT IS ORDERED that the requirement of a bond is waived.
THIS TARRANT COUNTY STANDING ORDER REGARDING CHILDREN,
PROPERTY AND CONDUCT OF PARTIES SHALL BECOME EFFECTIVE ON
MAY 30, 2020 expire on December 31, 2020 unless extended by further order of this
Court.
., /
Hon. J~s Nevarez /
Judge, 231st{ Distrlc
J ilrt
Hon,Jeeliennig~n
Judge, 324th District Court
1 ,~-·-..,Digitally signed by Kenneth
·,.
,/ 1J .t / J / E. Newell, District Judge
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1 Oate:2020.05.1914:19:05
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Hon. Kenneth Newell Htm. Judith G. Wells t,.7- ;;,o
Judge, 233rd District Court Judge,,,S25th District Court
on. James Munford S:/?~.J0').O
Judge, 322nd District Court
TARRANT COUNTY FAMILY COURTS STANDING ORDER 5