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233-612887-17 FILED
TARRANT COUNTY
1/9/2019 12:02 PM
NO. 233-612887-17 THOMAS A. WILDER
DISTRICT CLERK
IN THE MATTER OF § IN THE DISTRICT COURT
THE MARRIAGE OF §
§
TUYETTRINH THAI §
AND § 233RD JUDICIAL DISTRICT
LOC LE §
§
AND IN THE INTEREST OF §
CHARLIZE LE, A CHILD § TARRANT COUNTY, TEXAS
PETITION TO MODIFY PARENT-CHILD RELATIONSHIP
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 and Order to Be Modified
This suit to modify a prior order is brought by LOC LE, Petitioner. The last three
numbers of LOC LE's driver's license number are 579. Petitioner is the father of the child and
has standing to bring this suit. The requested modification will be in the best interest of the child
the subject of this suit.
Respondent is TUYETTRINH THAI.
The order to be modified is entitled Final Decree of Divorce and was rendered on June
11, 2018.
3. Jurisdiction
This Court has continuing, exclusive jurisdiction of this suit.
4. Child
The following child is the subject of this suit:
Petition to Modify Parent-Child Relationship Page 1 of 8
In the Matter of the Marriage of Loc Le and TuyetTrinh Thai
And In the Interest of Charlize Le, a Child
Name: CHARLIZE LE
Sex: Female
Birth date: 03/31/2015
County of residence: Tarrant
5. Parties Affected
The following parties may be affected by this suit:
Name: TUYETTRINH THAI
Relationship: Mother
Process should be served at Respondent’s residence at 2916 Bahia Drive, Grand Prairie,
Texas 75054 or Respondent’s parent’s residence at 2307 Brookdale Drive, Arlington, Texas
76014, or Respondent’s place of employment, Nail Focus, 4396 DFW Turnpike #103, Dallas,
Texas 75211.
Name: Loc Le
Relationship: Father
Process should be served at 1845 Carriage House Circle, Apartment 3007, Arlington,
Texas 76011.
6. Insurance Information
Information required by section 154.181(b) and section 154.1815 of the Texas Family
Code is provided in the statements attached as Exhibit 1.
7. Child's Property
There has been no change of consequence in the status of the child's property since the
prior order was rendered.
8. Protective Order Statement
Petition to Modify Parent-Child Relationship Page 2 of 8
In the Matter of the Marriage of Loc Le and TuyetTrinh Thai
And In the Interest of Charlize Le, a Child
No protective order under title4 of the Texas Family Code, under Chapter 7A of the
Texas Code of Criminal Procedure, or an order for emergency protection under Article 17.292 of
the Texas Code of Criminal Procedure is in effect, and no application for a protective order is
pending with regard to the parties to this suit or the child of the parties to this suit.
9. Modification of Conservatorship, Possession and Access
The order to be modified is based on a mediated settlement agreement. The
circumstances of the child, a conservator, or other party affected by the order to be modified
have materially and substantially changed since June 11, 2018, the date of the Final Decree of
Divorce. Loc Le, the father, has been the sole caretaker of the child. (Exhibit 2), (Exhibit 3).
This suit to modify conservatorship, possession and access of the child is filed within one
year after the date of the signing of the order to be modified is based. For the child’s education
and after-school care, it is in the best interest of the child that Loc Le has the full ability to make
arrangements for the child. Therefore, Loc Le requests to be the primary conservator for the
child and child support is to be modified accordingly.
TuyetTrinh Thai, Respondent, has been not been involved in the caretaking of Charlize
Le, the child the subject of this suit, since August 2018.
Petitioner requests that the rights and duties of the respective conservators of the child be
modified to provide as follows:
Petitioner, Loc Le, should have the following rights and duties:
1. The right to confer with the other parent to the extent possible before making a decision
concerning the health, education, and welfare of the child;
2. the right to designate the primary residence of the child within Tarrant County, Texas;
3. the right to consent to medical, dental, and surgical treatment involving invasive
Petition to Modify Parent-Child Relationship Page 3 of 8
In the Matter of the Marriage of Loc Le and TuyetTrinh Thai
And In the Interest of Charlize Le, a Child
procedures;
4. the right to consent to psychiatric and psychological treatment of the child;
5. the right to receive and give receipt for periodic payments for the support of the child and
to hold or disburse these funds for the benefit of the child;
6. the right to consent to marriage and enlistment in armed services of U.S. by child.
Decision will be executed only by mutual agreement of parents.
7. the independent right to represent the child in legal action and to make other decisions of
substantial legal significance concerning the child;
8. the independent right to make decisions concerning the child's education;
9. except as provided by section 264.0111 of the Texas Family Code, the independent right
to the services and earnings of the child;
10. except when a guardian of the child's estate or a guardian or attorney ad litem has been
appointed for the child, the independent right to act as an agent of the child in relation to the
child's estate if the child's action is required by a state, the United States, or a foreign
government; and
11. the independent duty to manage the estate of the child to the extent the estate has been
created by community property or the joint property of the parent.
Preceding the filing of this suit, Respondent has engaged in a history or pattern of non-
compliance to the Final Decree of Divorce by not exercising her visitation, access and possession
of Charlize Le. Petitioner requests that the Court consider this conduct in appointing the
Petitioner as the primary managing conservator, or the parties as joint managing conservators
with Petitioner being the party with primary custody of the child and the right to designate
residence of the child.
Petitioner requests that the terms and conditions for access to or possession of the child
be modified to provide as follows:
TuyetTrinh Thai, Respondent, has not been involved in the caretaking of the child since
August 2018. However, in the best interest of the child for having both parents in her life, Loc
Petition to Modify Parent-Child Relationship Page 4 of 8
In the Matter of the Marriage of Loc Le and TuyetTrinh Thai
And In the Interest of Charlize Le, a Child
Le, Petitioner, requests the Court to allow Respondent to visit with the child upon a mutually
agreed schedule. Alternatively, Petitioner requests that the Court render a possession order that
gives Petitioner primary conservatorship of the child and that provides Respondent's periods of
visitation.
The requested modification is in the best interest of the child.
10. Child Support
The order to be modified is based on a mediated settlement agreement. The
circumstances of the child or a person affected by the order have materially and substantially
changed since the date of the signing of the mediated settlement agreement on which the order to
be modified is based, and the support payments previously ordered should be modified to reflect
the fact that Loc Le, Petitioner, is now the sole caretaker of the child. Petitioner requests that
any modification be made retroactive to the earlier of the time of service of citation on
Respondent or the appearance of Respondent in this modification action. Since the date of the
order to be modified, the primary place of residence for the child has been at the Petitioner’s
residence due to the non-involvement Respondent’s in the child’s life.
The requested modification is in the best interest of the child.
11. Request for Temporary Orders
Petitioner requests the Court, after notice and hearing, to make temporary orders for the
safety and welfare of the child, 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 child.
Ordering Respondent to provide support for the child, including the payment of child
Petition to Modify Parent-Child Relationship Page 5 of 8
In the Matter of the Marriage of Loc Le and TuyetTrinh Thai
And In the Interest of Charlize Le, a Child
support and medical and dental support in the manner specified by the Court, while this case is
pending.
Authorizing the appropriate law enforcement agencies to take measures to prevent the
abduction of the child by Respondent.
Ordering the preparation of a child custody evaluation regarding the circumstances and
condition of the child and the parties and any other issue or question relating to the suit at the
request of the Court before or during the evaluation process.
With regard to the requested temporary order for managing conservatorship, Petitioner
would show the Court the following:
These temporary orders are necessary because the child's present circumstances would
significantly impair the child's physical health or emotional development, and the requested
temporary order is in the best interest of the child. See the affidavit of Petitioner attached as
Exhibit 2.
Based on that affidavit, Petitioner requests the Court to grant the following relief:
Issue an order allowing the child’s current living sitatuation with Petitioner remains the
same in order to maintain a sense of normalcy and stability in the child’s life, and giving
Petitioner primary conservatorship, possession and access of the child with the rights enumerated
in this petition.
13. Request for Temporary Orders and Injunction
Petitioner requests the Court to dispense with the necessity of a bond, and Petitioner
requests that, after notice and hearing, Respondent be further restrained and enjoined, pending
the further order of the Court, from:
Disturbing the Petitioner or interfering in any way with Petitioner's possession of the
Petition to Modify Parent-Child Relationship Page 6 of 8
In the Matter of the Marriage of Loc Le and TuyetTrinh Thai
And In the Interest of Charlize Le, a Child
child by taking or attempting to take possession of the child, directly or through any other
person, from the residence, school, or any other place.
Withdrawing the child from enrollment in the school or day-care facility where the child
is presently enrolled.
Hiding or secreting the child from Petitioner.
Making disparaging remarks regarding Petitioner or Petitioner's family in the presence or
within the hearing of the child or on any form of social media.
Discussing any litigation concerning the child in the presence or within the hearing of the
child or on any form of social media.
Consuming alcohol within the 12 hours before or during the period of possession of or
access to the child. Gambling or wagering money at casinos or gaming parlors during the
possession of the child.
Canceling, altering, failing to renew or pay premiums on, or in any manner affecting the
level of coverage that existed at the time this suit was filed of, any health or dental insurance
policy insuring the child.
14. Request for Attorney's Fees, Expenses, Costs, and Interest
It was necessary for Petitioner to secure the services of Arthurine Kamphaus, a licensed
attorney, to preserve and protect the child's rights. Respondent should be ordered to pay
reasonable attorney's fees, expenses, and costs through trial and appeal, and a judgment should
be rendered in favor of this attorney and against Respondent 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.
15. Prayer
Petition to Modify Parent-Child Relationship Page 7 of 8
In the Matter of the Marriage of Loc Le and TuyetTrinh Thai
And In the Interest of Charlize Le, a Child
Petitioner prays that citation and notice issue as required by law and that the Court enter
its orders in accordance with the allegations contained in this petition.
Petitioner prays that the Court immediately grant a temporary restraining order
restraining Respondent, in conformity with the allegations of this petition, from the acts set forth
above, and Petitioner prays that, after notice and hearing, this temporary restraining order be
made a temporary injunction.
Petitioner prays that the Court, in addition to the temporary restraining order and
temporary injunction prayed for above, 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 for attorney's fees, expenses, costs, and interest as requested above.
Petitioner prays for general relief.
Respectfully submitted,
ARTHURINE KAMPHAUS
1140 E. Pioneer Parkway
Ste. 300
ARLINGTON, TX 76010
Tel: (623) 341-8835
Fax: (817) 394-0505
By: /s/ Arthurine Kamphaus
Arthurine Kamphaus
State Bar No. 24079956
h442@hotmail.com
Attorney for Loc Le, Petitioner
Petition to Modify Parent-Child Relationship Page 8 of 8
In the Matter of the Marriage of Loc Le and TuyetTrinh Thai
And In the Interest of Charlize Le, a Child
EXHIBIT 1
EXHIBIT 2
EXHIBIT 3
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233-612887-17 FILED TARRANT COUNTY 1/9/2019 12:02 PM NO. 233-612887-17 THOMAS A. WILDER DISTRICT CLERK IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § TUYETTRINH THAI § AND § 233RD JUDICIAL DISTRICT LOC LE § § AND IN THE INTEREST OF § CHARLIZE LE, A CHILD § TARRANT COUNTY, TEXAS PETITION TO MODIFY PARENT-CHILD RELATIONSHIP 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 and Order to Be Modified This suit to modify a prior order is brought by LOC LE, Petitioner. The last three numbers of LOC LE's driver's license number are 579. Petitioner is the father of the child and has standing to bring this suit. The requested modification will be in the best interest of the child the subject of this suit. Respondent is TUYETTRINH THAI. The order to be modified is entitled Final Decree of Divorce and was rendered on June 11, 2018. 3. Jurisdiction This Court has continuing, exclusive jurisdiction of this suit. 4. Child The following child is the subject of this suit: Petition to Modify Parent-Child Relationship Page 1 of 8 In the Matter of the Marriage of Loc Le and TuyetTrinh Thai And In the Interest of Charlize Le, a Child Name: CHARLIZE LE Sex: Female Birth date: 03/31/2015 County of residence: Tarrant 5. Parties Affected The following parties may be affected by this suit: Name: TUYETTRINH THAI Relationship: Mother Process should be served at Respondent’s residence at 2916 Bahia Drive, Grand Prairie, Texas 75054 or Respondent’s parent’s residence at 2307 Brookdale Drive, Arlington, Texas 76014, or Respondent’s place of employment, Nail Focus, 4396 DFW Turnpike #103, Dallas, Texas 75211. Name: Loc Le Relationship: Father Process should be served at 1845 Carriage House Circle, Apartment 3007, Arlington, Texas 76011. 6. Insurance Information Information required by section 154.181(b) and section 154.1815 of the Texas Family Code is provided in the statements attached as Exhibit 1. 7. Child's Property There has been no change of consequence in the status of the child's property since the prior order was rendered. 8. Protective Order Statement Petition to Modify Parent-Child Relationship Page 2 of 8 In the Matter of the Marriage of Loc Le and TuyetTrinh Thai And In the Interest of Charlize Le, a Child No protective order under title4 of the Texas Family Code, under Chapter 7A of the Texas Code of Criminal Procedure, or an order for emergency protection under Article 17.292 of the Texas Code of Criminal Procedure is in effect, and no application for a protective order is pending with regard to the parties to this suit or the child of the parties to this suit. 9. Modification of Conservatorship, Possession and Access The order to be modified is based on a mediated settlement agreement. The circumstances of the child, a conservator, or other party affected by the order to be modified have materially and substantially changed since June 11, 2018, the date of the Final Decree of Divorce. Loc Le, the father, has been the sole caretaker of the child. (Exhibit 2), (Exhibit 3). This suit to modify conservatorship, possession and access of the child is filed within one year after the date of the signing of the order to be modified is based. For the child’s education and after-school care, it is in the best interest of the child that Loc Le has the full ability to make arrangements for the child. Therefore, Loc Le requests to be the primary conservator for the child and child support is to be modified accordingly. TuyetTrinh Thai, Respondent, has been not been involved in the caretaking of Charlize Le, the child the subject of this suit, since August 2018. Petitioner requests that the rights and duties of the respective conservators of the child be modified to provide as follows: Petitioner, Loc Le, should have the following rights and duties: 1. The right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child; 2. the right to designate the primary residence of the child within Tarrant County, Texas; 3. the right to consent to medical, dental, and surgical treatment involving invasive Petition to Modify Parent-Child Relationship Page 3 of 8 In the Matter of the Marriage of Loc Le and TuyetTrinh Thai And In the Interest of Charlize Le, a Child procedures; 4. the right to consent to psychiatric and psychological treatment of the child; 5. the right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child; 6. the right to consent to marriage and enlistment in armed services of U.S. by child. Decision will be executed only by mutual agreement of parents. 7. the independent right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child; 8. the independent right to make decisions concerning the child's education; 9. except as provided by section 264.0111 of the Texas Family Code, the independent right to the services and earnings of the child; 10. except when a guardian of the child's estate or a guardian or attorney ad litem has been appointed for the child, the independent right to act as an agent of the child in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government; and 11. the independent duty to manage the estate of the child to the extent the estate has been created by community property or the joint property of the parent. Preceding the filing of this suit, Respondent has engaged in a history or pattern of non- compliance to the Final Decree of Divorce by not exercising her visitation, access and possession of Charlize Le. Petitioner requests that the Court consider this conduct in appointing the Petitioner as the primary managing conservator, or the parties as joint managing conservators with Petitioner being the party with primary custody of the child and the right to designate residence of the child. Petitioner requests that the terms and conditions for access to or possession of the child be modified to provide as follows: TuyetTrinh Thai, Respondent, has not been involved in the caretaking of the child since August 2018. However, in the best interest of the child for having both parents in her life, Loc Petition to Modify Parent-Child Relationship Page 4 of 8 In the Matter of the Marriage of Loc Le and TuyetTrinh Thai And In the Interest of Charlize Le, a Child Le, Petitioner, requests the Court to allow Respondent to visit with the child upon a mutually agreed schedule. Alternatively, Petitioner requests that the Court render a possession order that gives Petitioner primary conservatorship of the child and that provides Respondent's periods of visitation. The requested modification is in the best interest of the child. 10. Child Support The order to be modified is based on a mediated settlement agreement. The circumstances of the child or a person affected by the order have materially and substantially changed since the date of the signing of the mediated settlement agreement on which the order to be modified is based, and the support payments previously ordered should be modified to reflect the fact that Loc Le, Petitioner, is now the sole caretaker of the child. Petitioner requests that any modification be made retroactive to the earlier of the time of service of citation on Respondent or the appearance of Respondent in this modification action. Since the date of the order to be modified, the primary place of residence for the child has been at the Petitioner’s residence due to the non-involvement Respondent’s in the child’s life. The requested modification is in the best interest of the child. 11. Request for Temporary Orders Petitioner requests the Court, after notice and hearing, to make temporary orders for the safety and welfare of the child, 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 child. Ordering Respondent to provide support for the child, including the payment of child Petition to Modify Parent-Child Relationship Page 5 of 8 In the Matter of the Marriage of Loc Le and TuyetTrinh Thai And In the Interest of Charlize Le, a Child support and medical and dental support in the manner specified by the Court, while this case is pending. Authorizing the appropriate law enforcement agencies to take measures to prevent the abduction of the child by Respondent. Ordering the preparation of a child custody evaluation regarding the circumstances and condition of the child and the parties and any other issue or question relating to the suit at the request of the Court before or during the evaluation process. With regard to the requested temporary order for managing conservatorship, Petitioner would show the Court the following: These temporary orders are necessary because the child's present circumstances would significantly impair the child's physical health or emotional development, and the requested temporary order is in the best interest of the child. See the affidavit of Petitioner attached as Exhibit 2. Based on that affidavit, Petitioner requests the Court to grant the following relief: Issue an order allowing the child’s current living sitatuation with Petitioner remains the same in order to maintain a sense of normalcy and stability in the child’s life, and giving Petitioner primary conservatorship, possession and access of the child with the rights enumerated in this petition. 13. Request for Temporary Orders and Injunction Petitioner requests the Court to dispense with the necessity of a bond, and Petitioner requests that, after notice and hearing, Respondent be further restrained and enjoined, pending the further order of the Court, from: Disturbing the Petitioner or interfering in any way with Petitioner's possession of the Petition to Modify Parent-Child Relationship Page 6 of 8 In the Matter of the Marriage of Loc Le and TuyetTrinh Thai And In the Interest of Charlize Le, a Child child by taking or attempting to take possession of the child, directly or through any other person, from the residence, school, or any other place. Withdrawing the child from enrollment in the school or day-care facility where the child is presently enrolled. Hiding or secreting the child from Petitioner. Making disparaging remarks regarding Petitioner or Petitioner's family in the presence or within the hearing of the child or on any form of social media. Discussing any litigation concerning the child in the presence or within the hearing of the child or on any form of social media. Consuming alcohol within the 12 hours before or during the period of possession of or access to the child. Gambling or wagering money at casinos or gaming parlors during the possession of the child. Canceling, altering, failing to renew or pay premiums on, or in any manner affecting the level of coverage that existed at the time this suit was filed of, any health or dental insurance policy insuring the child. 14. Request for Attorney's Fees, Expenses, Costs, and Interest It was necessary for Petitioner to secure the services of Arthurine Kamphaus, a licensed attorney, to preserve and protect the child's rights. Respondent should be ordered to pay reasonable attorney's fees, expenses, and costs through trial and appeal, and a judgment should be rendered in favor of this attorney and against Respondent 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. 15. Prayer Petition to Modify Parent-Child Relationship Page 7 of 8 In the Matter of the Marriage of Loc Le and TuyetTrinh Thai And In the Interest of Charlize Le, a Child Petitioner prays that citation and notice issue as required by law and that the Court enter its orders in accordance with the allegations contained in this petition. Petitioner prays that the Court immediately grant a temporary restraining order restraining Respondent, in conformity with the allegations of this petition, from the acts set forth above, and Petitioner prays that, after notice and hearing, this temporary restraining order be made a temporary injunction. Petitioner prays that the Court, in addition to the temporary restraining order and temporary injunction prayed for above, 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 for attorney's fees, expenses, costs, and interest as requested above. Petitioner prays for general relief. Respectfully submitted, ARTHURINE KAMPHAUS 1140 E. Pioneer Parkway Ste. 300 ARLINGTON, TX 76010 Tel: (623) 341-8835 Fax: (817) 394-0505 By: /s/ Arthurine Kamphaus Arthurine Kamphaus State Bar No. 24079956 h442@hotmail.com Attorney for Loc Le, Petitioner Petition to Modify Parent-Child Relationship Page 8 of 8 In the Matter of the Marriage of Loc Le and TuyetTrinh Thai And In the Interest of Charlize Le, a Child EXHIBIT 1 EXHIBIT 2 EXHIBIT 3