On October 22, 2021 a
Party Discovery
was filed
involving a dispute between
Perez, Nancy Ann,
and
Perez, Lesli Nicole,
for Parent Child Relationship - Conservatorship, Access, Support
in the District Court of Montgomery County.
Preview
IN THE INTEREST OF IN THE DISTRICT COURT
GERARDO LONNIE BALTIERRAAND 6 JUDICIAL DISTRICT
NAYDEAN PEREZ
CHILDREN MONTGOMERY COUNTY, TEXAS
ORIGINAL PETITION IN SUIT AFFECTING THE
PARENT CHILD RELATIONSHIP
Discovery Level
Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas
Rules of Civil Procedure.
Parties
This suit is brought by Nancy Ann Perez, Petitioner. The last three numbers of Nancy
Ann Perezs driv s license number are 803. The last three numbers of Nancy Ann Perez
Social Security number are 793.
Respondent is Lesli Nicole Perez.
Petitioner is the maternal grandmother of the children the subject of this suit.
Petitioner has standing to bring this suit in that she is the maternal grandmother of the
children, and has had actual care, custody and control of the children for at least 6 months prior
to the filing of the Petition.
Jurisdiction
No court has continuing jurisdiction of this suit or of the children the subject of this suit.
Children
The following children are the subject of this suit:
Name: Gerardo Lonnie Baltierra
Sex: Male
Birth date: XX/XX
County of Residence: MontgomeryName: Naydean Perez
Sex: Female
Birth date: XX/XX/2006
County of Residence: Montgomery
5. Person Entitled to Citation
The mother of the children the subject of this suit is Lesli Perez.
No service is necessary at this time. Leslie Perez passed away on October 16, 2021.
There is no alleged or presumed father for either child.
There are no court-ordered conservatorships, court-ordered guardianships, or other court-
ordered relationships affecting the children the subject of this suit.
6. Insurance Information
Information required by section 154.181(b) and section 154.1815(c) of the Texas Family
Code is provided in the statement attached as Exhibit A.
7. Property
No property of consequence is owned or possessed by the children the subject of this suit.
8. Protective Order Statement
No protective order under title 4 of the Texas Family Code, protective order under
subchapter A, chapter 7B of the Texas Code of Criminal Procedure, or order for emergency
protection under article 17.292 of the Texas Code of Criminal Procedure is in effect in regard to
a party to this suit or a child of a party to this suit, and no application for any such order is
pending.
9. Conservatorship
The parents of the children are or will be separated. The appointment of the parents as
joint managing conservators would not be in the best interest of the children. It is in the best
interest of the children that Petitioner be appointed sole managing conservator of the children.10. Request for Temporary Orders
As the basis for the extraordinary relief requested below, Petitioner would show that
before the filing of this petition Respondent has engaged in the conduct stated in the affidavit
attached as Exhibit B. Based on that affidavit, Petitioner requests the Court to grant the
following relief:
Appointing Petitioner as sole managing conservator, with all rights and duties of a sole
managing conservator.
12.‘ Prayer
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 order in conformity with
the allegations of this petition, from the acts set forth above.
Petitioner prays for general relief.
Respectfully submitted,
THE HARRISON FIRM, PLLC
215 Simonton
Conroe, Texas 77301
Tel: (936) 828-3898
Fax: (936) 828-3965
» Le fan
William E. Harrison/ 7
State Bar No. 00789780
Email: conroeattomey@ yahoo.com
Attomey for PetitionerNO.
JN THE INTEREST OF § IN THE DISTRICT COURT
§
GERARDO LONNIE BALTERRIA AND § JUDICIAL DISTRICT
NADINE PEREZ, §
§
CHILDREN § MONTGOMERY COUNTY, TEXAS
STATEMENT OF HEALTH INSURANCE AVAILABILITY
This statement is made by Nancy Perez, Petitioner, in accordance with sections 154.181
and 154.1815 of the Texas Family Code.
d. Children
The following children are the subject of this suit:
Name: Gerardo Lonnie Balterria
Birth date: XX/XX/2016
Social Security number: XXX-XX-X264
Name: Nadine Perez
Birth date: XX/XX/2006
Social Security number: XXX-XX-X942
2. Health Insurance Availability
Private health insurance is not in effect for the children, Gerardo Lonnie Balterria
and Nadine Perez.
The children are not receiving Medicaid benefits under chapter 32, Human Resources
Code.
The children are receiving health benefits coverage under the Children's Health Insurance
Program under chapter 62 of the Texas Health and Safety Code. The cost of the premium is
unknown.
EXHIBIT ANO.
IN THE INTEREST OF § INTHE
§
LONNIE BALTERRIA AND §
NADINE PEREZ, §
§
CHILDREN § MONTGOMERY COUNTY, TEXAS
PETITIONER’S SUPPORTING AFFIDAVIT
Nancy Perez appeared in person before me today and stated under oath:
“My name is Nancy Perez. I am above the age of eighteen years, and I am fully
competent to make this affidavit. The facts stated in this affidavit are within my personal
knowledge and are true and correct.
“I am the Petitioner in this case, and the maternal grandmother of both children. They
have resided with me all of their lives, and for at least the last six months at my home in
Montgomery County, Texas.
“On October 16, 2021, the mother of the children, Lesli Perez, died. There is no
presumed or alleged biological father for neither child, and Leslie never told me who either
father is. There was no acknowledgement of paternity executed for either child.
“I need to be appointed as temporary sole managing conservator because both children
have ongoing medical issues, and the doctors said they need me to provide proof that I can
consent to medical treatment.
“Lonnie sees a cardiologist, nephrologist and psychiatrist. Nadine sees an ENT and has
been diagnosed with Marfan’s Syndrome. Both see doctors at Memorial Hermann, and have
regular and ongoing medical appointments and treatment.
Agee sag
Naney|P [Perez
SIGNED under oath before me on October 21, =o
U
Notary'Public, Stdte of Texas
tet
gua, LYNDSEY R. CARTER
Notery Public, State of Texas
°= Comm. Expires 04-18-2023
Notary ID 126082880
EXHIBIT B
Document Filed Date
October 22, 2021
Case Filing Date
October 22, 2021
Category
Parent Child Relationship - Conservatorship, Access, Support
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IN THE INTEREST OF IN THE DISTRICT COURT GERARDO LONNIE BALTIERRAAND 6 JUDICIAL DISTRICT NAYDEAN PEREZ CHILDREN MONTGOMERY COUNTY, TEXAS ORIGINAL PETITION IN SUIT AFFECTING THE PARENT CHILD RELATIONSHIP Discovery Level Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas Rules of Civil Procedure. Parties This suit is brought by Nancy Ann Perez, Petitioner. The last three numbers of Nancy Ann Perezs driv s license number are 803. The last three numbers of Nancy Ann Perez Social Security number are 793. Respondent is Lesli Nicole Perez. Petitioner is the maternal grandmother of the children the subject of this suit. Petitioner has standing to bring this suit in that she is the maternal grandmother of the children, and has had actual care, custody and control of the children for at least 6 months prior to the filing of the Petition. Jurisdiction No court has continuing jurisdiction of this suit or of the children the subject of this suit. Children The following children are the subject of this suit: Name: Gerardo Lonnie Baltierra Sex: Male Birth date: XX/XX County of Residence: MontgomeryName: Naydean Perez Sex: Female Birth date: XX/XX/2006 County of Residence: Montgomery 5. Person Entitled to Citation The mother of the children the subject of this suit is Lesli Perez. No service is necessary at this time. Leslie Perez passed away on October 16, 2021. There is no alleged or presumed father for either child. There are no court-ordered conservatorships, court-ordered guardianships, or other court- ordered relationships affecting the children the subject of this suit. 6. Insurance Information Information required by section 154.181(b) and section 154.1815(c) of the Texas Family Code is provided in the statement attached as Exhibit A. 7. Property No property of consequence is owned or possessed by the children the subject of this suit. 8. Protective Order Statement No protective order under title 4 of the Texas Family Code, protective order under subchapter A, chapter 7B of the Texas Code of Criminal Procedure, or order for emergency protection under article 17.292 of the Texas Code of Criminal Procedure is in effect in regard to a party to this suit or a child of a party to this suit, and no application for any such order is pending. 9. Conservatorship The parents of the children are or will be separated. The appointment of the parents as joint managing conservators would not be in the best interest of the children. It is in the best interest of the children that Petitioner be appointed sole managing conservator of the children.10. Request for Temporary Orders As the basis for the extraordinary relief requested below, Petitioner would show that before the filing of this petition Respondent has engaged in the conduct stated in the affidavit attached as Exhibit B. Based on that affidavit, Petitioner requests the Court to grant the following relief: Appointing Petitioner as sole managing conservator, with all rights and duties of a sole managing conservator. 12.‘ Prayer 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 order in conformity with the allegations of this petition, from the acts set forth above. Petitioner prays for general relief. Respectfully submitted, THE HARRISON FIRM, PLLC 215 Simonton Conroe, Texas 77301 Tel: (936) 828-3898 Fax: (936) 828-3965 » Le fan William E. Harrison/ 7 State Bar No. 00789780 Email: conroeattomey@ yahoo.com Attomey for PetitionerNO. JN THE INTEREST OF § IN THE DISTRICT COURT § GERARDO LONNIE BALTERRIA AND § JUDICIAL DISTRICT NADINE PEREZ, § § CHILDREN § MONTGOMERY COUNTY, TEXAS STATEMENT OF HEALTH INSURANCE AVAILABILITY This statement is made by Nancy Perez, Petitioner, in accordance with sections 154.181 and 154.1815 of the Texas Family Code. d. Children The following children are the subject of this suit: Name: Gerardo Lonnie Balterria Birth date: XX/XX/2016 Social Security number: XXX-XX-X264 Name: Nadine Perez Birth date: XX/XX/2006 Social Security number: XXX-XX-X942 2. Health Insurance Availability Private health insurance is not in effect for the children, Gerardo Lonnie Balterria and Nadine Perez. The children are not receiving Medicaid benefits under chapter 32, Human Resources Code. The children are receiving health benefits coverage under the Children's Health Insurance Program under chapter 62 of the Texas Health and Safety Code. The cost of the premium is unknown. EXHIBIT ANO. IN THE INTEREST OF § INTHE § LONNIE BALTERRIA AND § NADINE PEREZ, § § CHILDREN § MONTGOMERY COUNTY, TEXAS PETITIONER’S SUPPORTING AFFIDAVIT Nancy Perez appeared in person before me today and stated under oath: “My name is Nancy Perez. I am above the age of eighteen years, and I am fully competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. “I am the Petitioner in this case, and the maternal grandmother of both children. They have resided with me all of their lives, and for at least the last six months at my home in Montgomery County, Texas. “On October 16, 2021, the mother of the children, Lesli Perez, died. There is no presumed or alleged biological father for neither child, and Leslie never told me who either father is. There was no acknowledgement of paternity executed for either child. “I need to be appointed as temporary sole managing conservator because both children have ongoing medical issues, and the doctors said they need me to provide proof that I can consent to medical treatment. “Lonnie sees a cardiologist, nephrologist and psychiatrist. Nadine sees an ENT and has been diagnosed with Marfan’s Syndrome. Both see doctors at Memorial Hermann, and have regular and ongoing medical appointments and treatment. Agee sag Naney|P [Perez SIGNED under oath before me on October 21, =o U Notary'Public, Stdte of Texas tet gua, LYNDSEY R. CARTER Notery Public, State of Texas °= Comm. Expires 04-18-2023 Notary ID 126082880 EXHIBIT B