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  • SONIA PALOMINOS | VS | ISMAEL OROSCO PALOMINOSMODIFICATION-CUSTODY document preview
  • SONIA PALOMINOS | VS | ISMAEL OROSCO PALOMINOSMODIFICATION-CUSTODY document preview
  • SONIA PALOMINOS | VS | ISMAEL OROSCO PALOMINOSMODIFICATION-CUSTODY document preview
  • SONIA PALOMINOS | VS | ISMAEL OROSCO PALOMINOSMODIFICATION-CUSTODY document preview
  • SONIA PALOMINOS | VS | ISMAEL OROSCO PALOMINOSMODIFICATION-CUSTODY document preview
  • SONIA PALOMINOS | VS | ISMAEL OROSCO PALOMINOSMODIFICATION-CUSTODY document preview
  • SONIA PALOMINOS | VS | ISMAEL OROSCO PALOMINOSMODIFICATION-CUSTODY document preview
  • SONIA PALOMINOS | VS | ISMAEL OROSCO PALOMINOSMODIFICATION-CUSTODY document preview
						
                                

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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 ) C, Ld, . . .--),,...,,..,,,-f]\ 1 Oate:2020.05.1914:19:05 -05'00' 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