Preview
Electronically Filed
2/16/2022 5:35 PM
Penny Clarkston, Smith County District Clerk
Reviewed By: J ulie Kester
NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA
NO. 19-2812-D
IN THE INTEREST OF IN THE DISTRICT COURT
1.C.Q., E.L.Q. AND O.B.Q., 321ST JUDICIAL DISTRICT
CHILDREN SMITH 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. Objection to Assignment of Case to Associate Judge
Petitioner objects to the assignment of this matter to an associate judge for a trial
on the merits or presiding at a jury trial.
3 Parties and Order to Be Modified
This suit to modify a prior order is brought by MATTHEW BRYAN QUEEN,
Petitioner. The last three numbers of MATTHEW BRYAN QUEEN's driver's license
number are 762. The last three numbers of Petitioner’s Social Security number are 895.
Petitioner is the father of the children and has standing to bring this suit. The requested
modification will be in the best interest of the children.
Respondent is LEANN NICOLE QUEEN.
The order to be modified is entitled FINAL DECREE OF DIVORCE and was
rendered on January 13, 2021.
4 Jurisdiction
This Court has continuing, exclusive jurisdiction of this suit.
Petition to Modify Parent-Child Relationship
ITIO I.C.Q., E.L.Q. AND 0.B.Q., children
Cause No. 19-2812-D
Page 1
Children
The following children are the subject of this suit:
Name: IAN CODY QUEEN
Sex: Male
Birth date: 07/02/2013
County of residence: SMITH
Name: EVAN LEE QUEEN
Sex: Male
Birth date: 03/30/2016
County of residence: SMITH
Name: OLIVER BRYAN QUEEN
Sex: Male
Birth date: 09/24/2018
County of residence: SMITH
Parties Affected
The following parties may be affected by this suit:
Name: LEANN NICOLE QUEEN
Relationship: mother
Process should be served at 3229 S. Donnybrook Ave., Tyler, Texas 75701 or
wherever she may be found.
Name: TEXAS ATTORNEY GENERAL
Relationship: Intervenor
Process should be served at via e-service.
Insurance Information
Information required by section 154.181(b) and section 154.1815 of the Texas
Family Code will be provided at a later date.
8. Children's Property
There has been no change of consequence in the status of the children's property
since the prior order was rendered.
9 Protective Order Statement
No protective order under title 4 of the Texas Family Code, protective order
Petition to Modify Parent-Child Relationship
ITIO I.C.Q., E.L.Q. AND 0.B.Q., children
Cause No. 19-2812-D
Page 2
under subchapter A of 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.
10. Modification of Possession and Access
The order to be modified is based on a Final Divorce Decree. The circumstances
of the children, a conservator, or other party affected by the order to be modified 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.
Petitioner requests that the terms and conditions for access to or possession of
the children be modified to provide as follows:
The parties should be ordered to comply with all terms and conditions of the
STANDARD POSSESSION ORDER attached hereto as Exhibit “A” effective
immediately.
Terminating the Order for Petitioner to submit to a monthly hair follicle test and
two (2) UA tests at Petitioner’s expense. In the alternative, if LEANN NICOLE QUEEN
believes she has good reason to request Petitioner to be tested, LEANN NICOLE
QUEEN may request one (1) hair follicle test and one (1) UA test every six (6) months at
LEANN NICOLE QUEEN’s own expense.
The requested modification is in the best interest of the children.
11. Request for Temporary Orders
Petitioner requests the Court, after notice and hearing, to make temporary orders
for the safety and welfare of the children, including but not limited to the following:
Ordering the parties to comply with all terms and conditions of the STANDARD
Petition to Modify Parent-Child Relationship
ITIO I.C.Q., E.L.Q. AND 0.B.Q., children
Cause No. 19-2812-D
Page 3
POSSESSION ORDER attached hereto as Exhibit “A” effective immediately.
Ordering the termination of monthly hair follicle and UA testing for Petitioner.
Ordering the psychological/psychiatric evaluation of LEANN NICOLE QUEEN.
12. 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 children or Petitioner or interfering in any way with Petitioner's
possession of the children by taking or attempting to take possession of the children,
directly or through any other person, from the residence, school, or any other place.
Disturbing the children or Petitioner or interfering in any way with Petitioner's
possession of the children by taking or attempting to take possession of the children,
directly or through any other person, from the residence, school, or any other place.
Withdrawing the children from enrollment in the school or day-care facility
where the children are presently enrolled.
Hiding or secreting the children from Petitioner.
Making disparaging remarks regarding Petitioner or Petitioner's family in the
presence or within the hearing of the children or on any social media platform.
Discussing the litigation.
Consuming alcohol within the 24 hours before or during the period of possession
of or access to the children.
Permitting an unrelated adult with whom the conservator has an intimate or
dating relationship to remain in the same home, residence, apartment, hotel or motel
Petition to Modify Parent-Child Relationship
ITIO I.C.Q., E.L.Q. AND 0.B.Q., children
Cause No. 19-2812-D
Page 4
room, condominium, camper, motor home, recreational vehicle, or other dwelling with
the child between the hours of 11 P.M. and 8 A.M.
13. Standing Orders
Please see the attached Smith County Standing Orders labeled as Exhibit “B”
which now apply since this case has begun.
14. Request for Interim Attorney's Fees, Expenses, Costs, and Interest
It was necessary for Petitioner to secure the services of LISA MORAN, a licensed
attorney, to preserve and protect the children'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
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
Petition to Modify Parent-Child Relationship
ITIO I.C.Q., E.L.Q. AND O.B. , children
Cause Ni 19-2812-D
Page
above.
Petitioner prays for general relief.
Respectfully submitted
MORAN LAW FIRM, PLLC
100 E. Ferguson, Suite 1200
Tyler, Texas 75702
Tel: (903) 504-5004
Fax: (903) 595-4534
efile@moranlawfirmtyler.com
By /s/ Lisa Moran
LISA MORAN
State Bar No. 00795542
SAMANTHA MCDANEL
State Bar No. 24122914
Attorney for MATTHEW BRYAN QUEEN
Petition to Modify Parent-Child Relationship
ITIO I.C.Q., E.L.Q. AND 0.B.Q., children
Cause No. 19-2812-D
Page 6
EXHIBIT A
Petition to Modify Parent-Child Relationship
ITIO I.C.Q., E.L.Q. AND 0.B.Q., children
Cause No. 19-2812-D
Page 7
Standard Possession Order
IT IS ORDERED that each conservator shall comply with all terms and
conditions of this Standard Possession Order. IT IS ORDERED that this
Standard Possession Order is effective immediately and applies to all periods of
possession occurring on and after the date the Court signs this Standard
Possession Order. IT IS, THEREFORE, ORDERED:
(a) Definitions
1 In this Standard Possession Order "school" means the
elementary or secondary school in which the child is enrolled or, if the
child is not enrolled in an elementary or secondary school, the public
school district in which the child primarily resides.
2 In this Standard Possession Order "child" includes each
child, whether one or more, who is a subject of this suit while that child is
under the age of eighteen years and not otherwise emancipated.
(b) Mutual Agreement or Specified Terms for Possession
IT IS ORDERED that the conservators shall have possession of the
child at times mutually agreed to in advance by the parties, and, in the
absence of mutual agreement, it is ORDERED that the conservators shall
have possession of the child under the specified terms set out in this
Standard Possession Order.
() Parents Who Reside 50 Miles or Less Apart
Except as otherwise expressly provided in this Standard Possession
Order, when MATTHEW BRYAN QUEEN resides 50 miles or less from the
primary residence of the child, MATTHEW BRYAN QUEEN shall have the
right to possession of the child as follows:
1 Weekends —
On weekends that occur during the regular school term, beginning
at the time the child's school is regularly dismissed, on the first, third, and
fifth Friday of each month and ending at the time the child's school
Petition to Modify Parent-Child Relationship
ITIO I.C.Q., E.L.Q. AND 0.B.Q., children
Cause No. 19-2812-D
Page 8
resumes after the weekend.
On weekends that do not occur during the regular school term,
beginning at 6:00 p.m., on the first, third, and fifth Friday of each month
and ending at 6:00 p.m. on the following Sunday.
2 Weekend Possession Extended by a Holiday —
Except as otherwise expressly provided in this Standard Possession
Order, if a weekend period of possession by MATTHEW BRYAN QUEEN
begins on a student holiday or a teacher in-service day that falls on a
Friday during the regular school term, as determined by the school in
which the child is enrolled, or a federal, state, or local holiday that falls on
a Friday during the summer months when school is not in session, that
weekend period of possession shall begin at the time the child's school is
regularly dismissed on the Thursday immediately preceding the student
holiday or teacher in-service day and 6:00 p.m. on the Thursday
immediately preceding the federal, state, or local holiday during the
summer months.
Except as otherwise expressly provided in this Standard Possession
Order, if a weekend period of possession by MATTHEW BRYAN QUEEN
ends on or is immediately followed by a student holiday or a teacher in-
service day that falls on a Monday during the regular school term, as
determined by the school in which the child is enrolled, that weekend
period of possession shall end at 8:00 a.m. Tuesday.
Except as otherwise expressly provided in this Standard Possession
Order, if a weekend period of possession by MATTHEW BRYAN QUEEN
ends on or is immediately followed by a or a federal, state, or local holiday
that falls on a Monday during the summer months when school is not in
session, that weekend period of possession shall end at 6:00 p.m. on that
Monday.
3. Thursdays - On Thursday of each week during the regular
school term, beginning at the time the child's school is regularly dismissed
and ending at the time the child's school resumes on Friday.
4 Spring Vacation in Even-Numbered Years - In even-
numbered years, beginning at the time the child's school is dismissed for
the school's spring vacation and ending at 6:00 p.m. on the day before
school resumes after that vacation.
5: Extended Summer Possession by MATTHEW BRYAN
QUEEN —
With Written Notice by April 1 - If MATTHEW BRYAN QUEEN
Petition to Modify Parent-Child Relationship
ITIO I.C.Q., E.L.Q. AND 0.B.Q., children
Cause No. 19-2812-D
Page 9
gives LEANN NICOLE QUEEN written notice by April 1 of a year
specifying an extended period or periods of summer possession for that
year, MATTHEW BRYAN QUEEN shall have possession of the child for
thirty days beginning no earlier than the day after the child's school is
dismissed for the summer vacation and ending no later than seven days
before school resumes at the end of the summer vacation in that year, to
be exercised in no more than two separate periods of at least seven
consecutive days each, as specified in the written notice. These periods of
possession shall begin and end at 6:00 p.m. on each applicable day.
Without Written Notice by April 1 - If MATTHEW BRYAN QUEEN
does not give LEANN NICOLE QUEEN written notice by April 1 of a year
specifying an extended period or periods of summer possession for that
year, MATTHEW BRYAN QUEEN shall have possession of the child for
thirty consecutive days in that year beginning at 6:00 p.m. on July 1 and
ending at 6:00 p.m. on July 31.
Notwithstanding the Thursday periods of possession during the
regular school term and the weekend periods of possession ORDERED for
MATTHEW BRYAN QUEEN, it is expressly ORDERED that LEANN
NICOLE QUEEN shall have a superior right of possession of the child as
follows:
1, Spring Vacation in Odd-Numbered Years - In odd-numbered
years, beginning at the time the child's school is dismissed for the school's
spring vacation and ending at 6:00 p.m. on the day before school resumes
after that vacation.
2 Summer Weekend Possession by LEANN NICOLE QUEEN -
If LEANN NICOLE QUEEN gives MATTHEW BRYAN QUEEN written
notice by April 15 of a year, LEANN NICOLE QUEEN shall have
possession of the child on any one weekend beginning at 6:00 p.m. on
Friday and ending at 6:00 p.m. on the following Sunday during any one
period of the extended summer possession by MATTHEW BRYAN
QUEEN in that year, provided that LEANN NICOLE QUEEN picks up the
child from MATTHEW BRYAN QUEEN and returns the child to that same
place and that the weekend so designated does not interfere with Father's
Day possession. Not later than the fifteenth day before the Friday that
begins the designated weekend, MATTHEW BRYAN QUEEN must give
LEANN NICOLE QUEEN written notice of the location at which LEANN
NICOLE QUEEN is to pick up and return the child.
3 Extended Summer Possession by LEANN NICOLE QUEEN -
If LEANN NICOLE QUEEN gives MATTHEW BRYAN QUEEN written
notice by April 15 of a year or gives MATTHEW BRYAN QUEEN fourteen
days' written notice on or after April 16 of a year, LEANN NICOLE QUEEN
may designate one weekend beginning no earlier than the day after the
Petition to Modify Parent-Child Relationship
ITIO I.C.Q., E.L.Q. AND 0.B.Q., children
Cause No. 19-2812-D
Page 10
child's school is dismissed for the summer vacation and ending no later
than seven days before school resumes at the end of the summer vacation,
during which an otherwise scheduled weekend period of possession by
MATTHEW BRYAN QUEEN shall not take place in that year, provided
that the weekend so designated does not interfere with MATTHEW
BRYAN QUEEN's period or periods of extended summer possession or
with Father's Day possession.
(d) Parents Who Reside More than 50 Miles and 100 Miles or Less
Apart
Except as otherwise expressly provided in this Standard Possession
Order, when MATTHEW BRYAN QUEEN resides more than 50 Miles and
100 miles or less from the primary residence of the child, MATTHEW
BRYAN QUEEN shall have the right to possession of the child as follows:
1, Weekends —
On weekends that occur during the regular school term, beginning
at 6:00 p.m., on the first, third, and fifth Friday of each month and ending
at 6:00 p.m. on the following Sunday.
On weekends that do not occur during the regular school term,
beginning at 6:00 p.m., on the first, third, and fifth Friday of each month
and ending at 6:00 p.m. on the following Sunday.
2 Weekend Possession Extended by a Holiday —
Except as otherwise expressly provided in this Standard Possession
Order, if a weekend period of possession by MATTHEW BRYAN QUEEN
begins on a student holiday or a teacher in-service day that falls on a
Friday during the regular school term, as determined by the school in
which the child is enrolled, or a federal, state, or local holiday that falls on
a Friday during the summer months when school is not in session, that
weekend period of possession shall begin at 6:00 p.m. on the immediately
preceding Thursday.
Except as otherwise expressly provided in this Standard Possession
Order, if a weekend period of possession by MATTHEW BRYAN QUEEN
ends on or is immediately followed by a student holiday or a teacher in-
service day that falls on a Monday during the regular school term, as
determined by the school in which the child is enrolled, that weekend
period of possession shall end at 6:00 p.m. on that Monday.
Except as otherwise expressly provided in this Standard Possession
Order, if a weekend period of possession by MATTHEW BRYAN QUEEN
ends on or is immediately followed by a or a federal, state, or local holiday
Petition to Modify Parent-Child Relationship
ITIO I.C.Q., E.L.Q. AND 0.B.Q., children
Cause No. 19-2812-D
Page 11
that falls on a Monday during the summer months when school is not in
session, that weekend period of possession shall end at 6:00 p.m. on that
Monday.
3. Thursdays - On Thursday of each week during the regular
school term, beginning at 6:00 p.m. and ending at 8:00 p.m.
4 Spring Vacation in Even-Numbered Years - In even-
numbered years, beginning at 6:00 p.m. on the day the child is dismissed
from school for the school's spring vacation and ending at 6:00 p.m. on
the day before school resumes after that vacation.
5 Extended Summer Possession by MATTHEW BRYAN
QUEEN -
With Written Notice by April 1 - If MATTHEW BRYAN QUEEN
gives LEANN NICOLE QUEEN written notice by April 1 of a year
specifying an extended period or periods of summer possession for that
year, MATTHEW BRYAN QUEEN shall have possession of the child for
thirty days beginning no earlier than the day after the child's school is
dismissed for the summer vacation and ending no later than seven days
before school resumes at the end of the summer vacation in that year, to
be exercised in no more than two separate periods of at least seven
consecutive days each, as specified in the written notice. These periods of
possession shall begin and end at 6:00 p.m. on each applicable day.
Without Written Notice by April 1 - If MATTHEW BRYAN QUEEN
does not give LEANN NICOLE QUEEN written notice by April 1 of a year
specifying an extended period or periods of summer possession for that
year, MATTHEW BRYAN QUEEN shall have possession of the child for
thirty consecutive days in that year beginning at 6:00 p.m. on July 1 and
ending at 6:00 p.m. on July 31.
Notwithstanding the Thursday periods of possession during the
regular school term and the weekend periods of possession ORDERED for
MATTHEW BRYAN QUEEN, it is expressly ORDERED that LEANN
NICOLE QUEEN shall have a superior right of possession of the child as
follows:
1 Spring Vacation in Odd-Numbered Years - In odd-numbered.
years, beginning at 6:00 p.m. on the day the child is dismissed from school
for the school's spring vacation and ending at 6:00 p.m. on the day before
school resumes after that vacation.
2 Summer Weekend Possession by LEANN NICOLE QUEEN -
If LEANN NICOLE QUEEN gives MATTHEW BRYAN QUEEN written
notice by April 15 of a year, LEANN NICOLE QUEEN shall have
Petition to Modify Parent-Child Relationship
ITIO I.C.Q., E.L.Q. AND 0.B.Q., children
Cause No. 19-2812-D
Page 12
possession of the child on any one weekend beginning at 6:00 p.m. on
Friday and ending at 6:00 p.m. on the following Sunday during any one
period of the extended summer possession by MATTHEW BRYAN
QUEEN in that year, provided that LEANN NICOLE QUEEN picks up the
child from MATTHEW BRYAN QUEEN and returns the child to that same
place and that the weekend so designated does not interfere with Father's
Day possession. Not later than the fifteenth day before the Friday that
begins the designated weekend, MATTHEW BRYAN QUEEN must give
LEANN NICOLE QUEEN written notice of the location at which LEANN
NICOLE QUEEN is to pick up and return the child.
Extended Summer Possession by LEANN NICOLE QUEEN -
If LEANN NICOLE QUEEN gives MATTHEW BRYAN QUEEN written
notice by April 15 of a year or gives MATTHEW BRYAN QUEEN fourteen
days' written notice on or after April 16 of a year, LEANN NICOLE QUEEN
may designate one weekend beginning no earlier than the day after the
child's school is dismissed for the summer vacation and ending no later
than seven days before school resumes at the end of the summer vacation,
during which an otherwise scheduled weekend period of possession by
MATTHEW BRYAN QUEEN shall not take place in that year, provided
that the weekend so designated does not interfere with MATTHEW
BRYAN QUEEN's period or periods of extended summer possession or
with Father's Day possession.
(e) Parents Who Reside More Than 100 Miles Apart
Except as otherwise expressly provided in this Standard Possession
Order, when MATTHEW BRYAN QUEEN resides more than 100 miles
from the residence of the child, MATTHEW BRYAN QUEEN shall have the
right to possession of the child as follows:
1, Weekends - Unless MATTHEW BRYAN QUEEN elects the
alternative period of weekend possession described in the next paragraph,
MATTHEW BRYAN QUEEN shall have the right to possession of the child
on weekends beginning at 6:00 p.m., on the first, third, and fifth Friday of
each month and ending at 6:00 p.m. on the following Sunday.
Alternate Weekend Possession - In lieu of the weekend possession
described in the foregoing paragraph, MATTHEW BRYAN QUEEN shall
have the right to possession of the child not more than one weekend per
month of MATTHEW BRYAN QUEEN's choice beginning at 6:00 p.m. on
the day school recesses for the weekend and ending at 6:00 p.m. on the
day before school resumes after the weekend. MATTHEW BRYAN
QUEEN may elect an option for this alternative period of weekend
possession by giving written notice to LEANN NICOLE QUEEN within
ninety days after the parties begin to reside more than 100 miles apart. If
MATTHEW BRYAN QUEEN makes this election, MATTHEW BRYAN
Petition to Modify Parent-Child Relationship
ITIO I.C.Q., E.L.Q. AND 0.B.Q., children
Cause No. 19-2812-D
Page 13
QUEEN shall give LEANN NICOLE QUEEN fourteen days' written or
telephonic notice preceding a designated weekend. The weekends chosen
shall not conflict with the provisions regarding Christmas, Thanksgiving,
the child's birthday, and Mother's Day possession below.
2 Weekend Possession Extended by a Holiday —
Except as otherwise expressly provided in this Standard Possession
Order, if a weekend period of possession by MATTHEW BRYAN QUEEN
begins on a student holiday or a teacher in-service day that falls on a
Friday during the regular school term, as determined by the school in
which the child is enrolled, or a federal, state, or local holiday during the
summer months when school is not in session, that weekend period of
possession shall begin at 6:00 p.m. on the immediately preceding
Thursday
Except as otherwise expressly provided in this Standard Possession
Order, if a weekend period of possession by MATTHEW BRYAN QUEEN
ends on or is immediately followed by a student holiday or a teacher in-
service day that falls on a Monday during the regular school term, as
determined by the school in which the child is enrolled, that weekend
period of possession shall end at 6:00 p.m. on that Monday.
Except as otherwise expressly provided in this Standard Possession
Order, if a weekend period of possession by MATTHEW BRYAN QUEEN
ends on or is immediately followed by a or a federal, state, or local holiday
that falls on a Monday during the summer months when school is not in
session, that weekend period of possession shall end at 6:00 p.m. on that
Monday.
3 Spring Vacation in All Years - Every year, beginning at 6:00
p.m. on the day the child is dismissed from school for the school's spring
vacation and ending at 6:00 p.m. on the day before school resumes after
that vacation.
4 Extended Summer Possession by MATTHEW BRYAN
QUEEN —
With Written Notice by April 1 - If MATTHEW BRYAN QUEEN
gives LEANN NICOLE QUEEN written notice by April 1 of a year
specifying an extended period or periods of summer possession for that
year, MATTHEW BRYAN QUEEN shall have possession of the child for
forty-two days beginning no earlier than the day after the child's school is
dismissed for the summer vacation and ending no later than seven days
before school resumes at the end of the summer vacation in that year, to
be exercised in no more than two separate periods of at least seven
Petition to Modify Parent-Child Relationship
ITIO I.C.Q., E.L.Q. AND 0.B.Q., children
Cause No. 19-2812-D
Page 14
consecutive days each, as specified in the written notice. These periods of
possession shall begin and end at 6:00 p.m. on each applicable day.
Without Written Notice by April 1 - If MATTHEW BRYAN QUEEN
does not give LEANN NICOLE QUEEN written notice by April 1 of a year
specifying an extended period or periods of summer possession for that
year, MATTHEW BRYAN QUEEN shall have possession of the child for
forty-two consecutive days beginning at 6:00 p.m. on June 15 and ending
at 6:00 p.m. on July 27 of that year.
Notwithstanding the weekend periods of possession ORDERED for
MATTHEW BRYAN QUEEN, it is expressly ORDERED that LEANN
NICOLE QUEEN shall have a superior right of possession of the child as
follows:
1, Summer Weekend Possession by LEANN NICOLE QUEEN -
If LEANN NICOLE QUEEN gives MATTHEW BRYAN QUEEN written
notice by April 15 of a year, LEANN NICOLE QUEEN shall have
possession of the child on any one weekend beginning at 6:00 p.m. on
Friday and ending at 6:00 p.m. on the following Sunday during any one
period of possession by MATTHEW BRYAN QUEEN during MATTHEW
BRYAN QUEEN's extended summer possession in that year, provided that
if a period of possession by MATTHEW BRYAN QUEEN in that year
exceeds thirty days, LEANN NICOLE QUEEN may have possession of the
child under the terms of this provision on any two nonconsecutive
weekends during that period and provided that LEANN NICOLE QUEEN
picks up the child from MATTHEW BRYAN QUEEN and returns the child
to that same place and that the weekend so designated does not interfere
with Father's Day possession.
2 Extended Summer Possession by LEANN NICOLE QUEEN -
If LEANN NICOLE QUEEN gives MATTHEW BRYAN QUEEN written
notice by April 15 of a year, LEANN NICOLE QUEEN may designate
twenty-one days beginning no earlier than the day after the child's school
is dismissed for the summer vacation and ending no later than seven days
before school resumes at the end of the summer vacation in that year, to
be exercised in no more than two separate periods of at least seven
consecutive days each, during which MATTHEW BRYAN QUEEN shall
not have possession of the child, provided that the period or periods so
designated do not interfere with MATTHEW BRYAN QUEEN's period or
periods of extended summer possession or with Father's Day possession.
These periods of possession shall begin and end at 6:00 p.m. on each
applicable day.
© Holidays Unaffected by Distance
Notwithstanding the weekend and Thursday periods of possession
Petition to Modify Parent-Child Relationship
ITIO I.C.Q., E.L.Q. AND 0.B.Q., children
Cause No. 19-2812-D
Page 15
of MATTHEW BRYAN QUEEN, LEANN NICOLE QUEEN and
MATTHEW BRYAN QUEEN shall have the right to possession of the child
as follows:
1 Christmas Holidays in Even-Numbered Years - In even-
numbered years, MATTHEW BRYAN QUEEN shall have the right to
possession of the child beginning at 6:00 p.m. on the day the child is
dismissed from school for the Christmas school vacation and ending at
noon on December 28, and LEANN NICOLE QUEEN shall have the right
to possession of the child beginning at noon on December 28 and ending
at 6:00 p.m. on the day before school resumes after that Christmas school
vacation.
2 Christmas Holidays in Odd-Numbered Years - In odd-
numbered years, LEANN NICOLE QUEEN shall have the right to
possession of the child beginning at 6:00 p.m. on the day the child is
dismissed from school for the Christmas school vacation and ending at
noon on December 28, and MATTHEW BRYAN QUEEN shall have the
right to possession of the child beginning at noon on December 28 and
ending at 6:00 p.m. on the day before school resumes after that Christmas
school vacation.
3. Thanksgiving in Odd-Numbered Years - In odd-numbered
years, MATTHEW BRYAN QUEEN shall have the right to possession of
the child beginning at 6:00 p.m. on the day the child is dismissed from
school for the Thanksgiving holiday and ending at 6:00 p.m. on the
Sunday following Thanksgiving.
4 Thanksgiving in Even-Numbered Years - In even-numbered
years, LEANN NICOLE QUEEN shall have the right to possession of the
child beginning at 6:00 p.m. on the day the child is dismissed from school
for the Thanksgiving holiday and ending at 6:00 p.m. on the Sunday
following Thanksgiving.
5: Child's Birthday - If a parent is not otherwise entitled under
this Standard Possession Order to present possession of the child on the
child's birthday, that parent shall have possession of the child beginning at
6:00 p.m. and ending at 8:00 p.m. on that day, provided that that parent
picks up the child from the other parent's residence and returns the child
to that same place.
6. Father's Day - MATTHEW BRYAN QUEEN shall have the
right to possession of the child each year, beginning at 6:00 p.m. on the
Friday preceding Father's Day and ending at 6:00 p.m. on Father's Day,
provided that if MATTHEW BRYAN QUEEN is not otherwise entitled
under this Standard Possession Order to present possession of the child,
he shall pick up the child from LEANN NICOLE QUEEN's residence and
Petition to Modify Parent-Child Relationship
ITIO I.C.Q., E.L.Q. AND 0.B.Q., children
Cause No. 19-2812-D
Page 16
return the child to that same place.
7: Mother's Day - LEANN NICOLE QUEEN shall have the right
to possession of the child each year, beginning at 6:00 p.m. on the Friday
preceding Mother's Day and ending at 6:00 p.m. on Mother's Day,
provided that if LEANN NICOLE QUEEN is not otherwise entitled under
this Standard Possession Order to present possession of the child, she
shall pick up the child from MATTHEW BRYAN QUEEN's residence and
return the child to that same place.
(g) Undesignated Periods of Possession
LEANN NICOLE QUEEN shall have the right of possession of the
child at all other times not specifically designated in this Standard
Possession Order for MATTHEW BRYAN QUEEN.
(h) General Terms and Conditions
Except as otherwise expressly provided in this Standard Possession
Order, the terms and conditions of possession of the child that apply
regardless of the distance between the residence of a parent and the child
are as follows:
1 Surrender of Child by LEANN NICOLE QUEEN - LEANN
NICOLE QUEEN is ORDERED to surrender the child to MATTHEW
BRYAN QUEEN at the beginning of each period of MATTHEW BRYAN
QUEEN's possession at the residence of LEANN NICOLE QUEEN.
2 Surrender of Child by MATTHEW BRYAN QUEEN -
MATTHEW BRYAN QUEEN is ORDERED to surrender the child to
LEANN NICOLE QUEEN at the residence of MATTHEW BRYAN QUEEN
at the end of each period of possession.
3. Surrender of Child by MATTHEW BRYAN QUEEN -
MATTHEW BRYAN QUEEN is ORDERED to surrender the child to
LEANN NICOLE QUEEN, if the child is in MATTHEW BRYAN QUEEN's
possession or subject to MATTHEW BRYAN QUEEN's control, at the
beginning of each period of LEANN NICOLE QUEEN's exclusive periods
of possession, at the place designated in this Standard Possession Order.
4 Return of Child by LEANN NICOLE QUEEN - LEANN
NICOLE QUEEN is ORDERED to return the child to MATTHEW BRYAN
QUEEN, if MATTHEW BRYAN QUEEN is entitled to possession of the
child, at the end of each of LEANN NICOLE QUEEN's exclusive periods of
possession, at the place designated in this Standard Possession Order.
5: Personal Effects - Each conservator is ORDERED to return
Petition to Modify Parent-Child Relationship
ITIO I.C.Q., E.L.Q. AND 0.B.Q., children
Cause No. 19-2812-D
Page 17
with the child the personal effects that the child brought at the beginning
of the period of possession.
6 Designation of Competent Adult - Each conservator may
designate any competent adult to pick up and return the child, as
applicable. IT IS ORDERED that a conservator or a designated competent
adult be present when the child is picked up or returned.
7: Inability to Exercise Possession - Each conservator is
ORDERED to give notice to the person in possession of the child on each
occasion that the conservator will be unable to exercise that conservator's
right of possession for any specified period.
8 Written Notice - Written notice, including notice provided by
electronic mail or facsimile, shall be deemed to have been timely made if
received or, if applicable, postmarked before or at the time that notice is
due. Each conservator is ORDERED to notify the other conservator of any
change in the conservator's electronic mail address or facsimile number
within twenty-four hours after the change.
This concludes the Standard Possession Order.
Petition to Modify Parent-Child Relationship
ITIO I.C.Q., E.L.Q. AND 0.B.Q., children
Cause No. 19-2812-D
Page 18
Exhibit B
IN THE
3215T JUDICIAL DISTRICT COURT,
COUNTY COURT AT LAW, PENNY rE RKSTON
AND DISTRICT CLERK
COUNTY COURT AT LAW NUMBER TWO
SMITH COUNTY, TEXAS 2020 JAN 2 i at
oka, Ge SRxAS
vn
STANDING TEMPORARY ORDERS
No party to this lawsuit has requested this order. Rather, this order is a standing order of the
family courts of Smith County, Texas and it shall apply to every divorce suit and suit affecting the
parent-child relationship, including modifications, that is filed in Smith County. This Order shall
remain in effect for the entirety of the lawsuit unless modified or vacated by further order of the
court. Only as to the extent that further temporary orders modify these standing order will said
temporary orders control. The family courts of Smith County, Texas have adopted this order because
the parties and their children should be protected and their property preserved while this lawsuit is
pending before the courts. Therefore, IT IS ORDERED:
1
rs! NO DISRUPTION OF CHILDREN.
All parties are ORDERED to refrain from doing the following acts concerning any child
who is the subject of the case:
1d Removing a child from the State of Texas for the purpose of changing the
child's residence, acting directly or in concert with others, without the written
agreement of all parties or an order of this Court
1.2 Disrupting or withdrawing a child from the school or day-care facility where
the child is presently enrolled without the written agreement of both parents or
an order of this Court.
1.3 Hiding or secreting a child from the other parent or changing a child's current
place of abode without the written agreement of both parents or an order of this
Court,
1.4 Disturbing the peace of a child.
LS Making disparaging remarks about any party or the other party's family
members to the child or within the child’s presence or sphere of presence; nor
shall any party allow the child to remain in the presence of others making such
remarks
1.6 Discussing with a child, or with any other person in the presence of a child, the
case or any aspects of the case as well as the issues of conservatorship, child
support and possession.
CONDUCT OF THE PARTIES DURING THE CASE.
All parties are ORDERED to refrain from doing the following acts:
2.1 Threatening the other party in person or in any other manner, including by
telephone, electronic voice transmission, video chat writing, electronic
messaging, or social media, to take unlawful action against any person.
Smith County Standing Orders Regarding Children, Property, and Conduct of the Parties Page 1 of 4
2.2 Using vulgar, profane, obscene or indecent language, or in a coarse or offensive
manner, to communicate with the other party, whether in person, by telephone,
by electronic communication (including email, text and social media), or
otherwise in writing.
2.3 Posting on any social media platform threatening comments specifically
relating to the case or the other party during the pendency of the case. Social
media platform includes but is not limited to Facebook, Instagram, and Twitter.
2.4 Placing one or more telephone calls, anonymously, or at an unreasonable hour,
in an offensive or repetitious manner, or without a legitimate purpose of
communication.
2.5 Opening or diverting mail, e-mail, or any other electronic communication
addressed solely to the other party.
2.6 Using any password or personal identification number to gain access to the e-
mail account, bank account, social media account, or any other electronic
account in the sole name of the other party UNLESS the other party gives prior
written consent.
3. 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
doing the following acts:
3.1 Destroying, removing, concealing, encumbering, transferring, or otherwise
harming or reducing the value of the property of one or both of the parties.
3.2 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.
3.3 Damaging or destroying the tangible or intellectual property of one or both of the
parties, including any document that represents or embodies anything of value, or
tampering with the tangible or intellectual property of one or both parties, including
any document that represents or embodies anything of value, and causing pecuniary
loss or substantial inconvenience to the other party.
3.4 Selling, transferring, assigning, mortgaging, encumbering, or in any other manner
alienating any property of either party, whether personal property, real estate
property, or intellectual property, regardless of whether the property is separate
property or community property, except as specifically authorized by this order.
3.5 Incurring any debt, other than legal expenses in connection with this suit, or
spending any money in either party's possession or subject to either party's control
for any purpose, except as specifically authorized by this order.
3.6 Incurring debt for any purpose and in a manner in which the other party will be
solely liable unless specifically authorized in writing by the other party after the
filing of this suit.
3.7 Withdrawing money from any checking or savings account in any financial
institution for any purpose, except as specifically aut
Preview
Electronically Filed 2/16/2022 5:35 PM Penny Clarkston, Smith County District Clerk Reviewed By: J ulie Kester NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA NO. 19-2812-D IN THE INTEREST OF IN THE DISTRICT COURT 1.C.Q., E.L.Q. AND O.B.Q., 321ST JUDICIAL DISTRICT CHILDREN SMITH 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. Objection to Assignment of Case to Associate Judge Petitioner objects to the assignment of this matter to an associate judge for a trial on the merits or presiding at a jury trial. 3 Parties and Order to Be Modified This suit to modify a prior order is brought by MATTHEW BRYAN QUEEN, Petitioner. The last three numbers of MATTHEW BRYAN QUEEN's driver's license number are 762. The last three numbers of Petitioner’s Social Security number are 895. Petitioner is the father of the children and has standing to bring this suit. The requested modification will be in the best interest of the children. Respondent is LEANN NICOLE QUEEN. The order to be modified is entitled FINAL DECREE OF DIVORCE and was rendered on January 13, 2021. 4 Jurisdiction This Court has continuing, exclusive jurisdiction of this suit. Petition to Modify Parent-Child Relationship ITIO I.C.Q., E.L.Q. AND 0.B.Q., children Cause No. 19-2812-D Page 1 Children The following children are the subject of this suit: Name: IAN CODY QUEEN Sex: Male Birth date: 07/02/2013 County of residence: SMITH Name: EVAN LEE QUEEN Sex: Male Birth date: 03/30/2016 County of residence: SMITH Name: OLIVER BRYAN QUEEN Sex: Male Birth date: 09/24/2018 County of residence: SMITH Parties Affected The following parties may be affected by this suit: Name: LEANN NICOLE QUEEN Relationship: mother Process should be served at 3229 S. Donnybrook Ave., Tyler, Texas 75701 or wherever she may be found. Name: TEXAS ATTORNEY GENERAL Relationship: Intervenor Process should be served at via e-service. Insurance Information Information required by section 154.181(b) and section 154.1815 of the Texas Family Code will be provided at a later date. 8. Children's Property There has been no change of consequence in the status of the children's property since the prior order was rendered. 9 Protective Order Statement No protective order under title 4 of the Texas Family Code, protective order Petition to Modify Parent-Child Relationship ITIO I.C.Q., E.L.Q. AND 0.B.Q., children Cause No. 19-2812-D Page 2 under subchapter A of 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. 10. Modification of Possession and Access The order to be modified is based on a Final Divorce Decree. The circumstances of the children, a conservator, or other party affected by the order to be modified 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. Petitioner requests that the terms and conditions for access to or possession of the children be modified to provide as follows: The parties should be ordered to comply with all terms and conditions of the STANDARD POSSESSION ORDER attached hereto as Exhibit “A” effective immediately. Terminating the Order for Petitioner to submit to a monthly hair follicle test and two (2) UA tests at Petitioner’s expense. In the alternative, if LEANN NICOLE QUEEN believes she has good reason to request Petitioner to be tested, LEANN NICOLE QUEEN may request one (1) hair follicle test and one (1) UA test every six (6) months at LEANN NICOLE QUEEN’s own expense. The requested modification is in the best interest of the children. 11. Request for Temporary Orders Petitioner requests the Court, after notice and hearing, to make temporary orders for the safety and welfare of the children, including but not limited to the following: Ordering the parties to comply with all terms and conditions of the STANDARD Petition to Modify Parent-Child Relationship ITIO I.C.Q., E.L.Q. AND 0.B.Q., children Cause No. 19-2812-D Page 3 POSSESSION ORDER attached hereto as Exhibit “A” effective immediately. Ordering the termination of monthly hair follicle and UA testing for Petitioner. Ordering the psychological/psychiatric evaluation of LEANN NICOLE QUEEN. 12. 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 children or Petitioner or interfering in any way with Petitioner's possession of the children by taking or attempting to take possession of the children, directly or through any other person, from the residence, school, or any other place. Disturbing the children or Petitioner or interfering in any way with Petitioner's possession of the children by taking or attempting to take possession of the children, directly or through any other person, from the residence, school, or any other place. Withdrawing the children from enrollment in the school or day-care facility where the children are presently enrolled. Hiding or secreting the children from Petitioner. Making disparaging remarks regarding Petitioner or Petitioner's family in the presence or within the hearing of the children or on any social media platform. Discussing the litigation. Consuming alcohol within the 24 hours before or during the period of possession of or access to the children. Permitting an unrelated adult with whom the conservator has an intimate or dating relationship to remain in the same home, residence, apartment, hotel or motel Petition to Modify Parent-Child Relationship ITIO I.C.Q., E.L.Q. AND 0.B.Q., children Cause No. 19-2812-D Page 4 room, condominium, camper, motor home, recreational vehicle, or other dwelling with the child between the hours of 11 P.M. and 8 A.M. 13. Standing Orders Please see the attached Smith County Standing Orders labeled as Exhibit “B” which now apply since this case has begun. 14. Request for Interim Attorney's Fees, Expenses, Costs, and Interest It was necessary for Petitioner to secure the services of LISA MORAN, a licensed attorney, to preserve and protect the children'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 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 Petition to Modify Parent-Child Relationship ITIO I.C.Q., E.L.Q. AND O.B. , children Cause Ni 19-2812-D Page above. Petitioner prays for general relief. Respectfully submitted MORAN LAW FIRM, PLLC 100 E. Ferguson, Suite 1200 Tyler, Texas 75702 Tel: (903) 504-5004 Fax: (903) 595-4534 efile@moranlawfirmtyler.com By /s/ Lisa Moran LISA MORAN State Bar No. 00795542 SAMANTHA MCDANEL State Bar No. 24122914 Attorney for MATTHEW BRYAN QUEEN Petition to Modify Parent-Child Relationship ITIO I.C.Q., E.L.Q. AND 0.B.Q., children Cause No. 19-2812-D Page 6 EXHIBIT A Petition to Modify Parent-Child Relationship ITIO I.C.Q., E.L.Q. AND 0.B.Q., children Cause No. 19-2812-D Page 7 Standard Possession Order IT IS ORDERED that each conservator shall comply with all terms and conditions of this Standard Possession Order. IT IS ORDERED that this Standard Possession Order is effective immediately and applies to all periods of possession occurring on and after the date the Court signs this Standard Possession Order. IT IS, THEREFORE, ORDERED: (a) Definitions 1 In this Standard Possession Order "school" means the elementary or secondary school in which the child is enrolled or, if the child is not enrolled in an elementary or secondary school, the public school district in which the child primarily resides. 2 In this Standard Possession Order "child" includes each child, whether one or more, who is a subject of this suit while that child is under the age of eighteen years and not otherwise emancipated. (b) Mutual Agreement or Specified Terms for Possession IT IS ORDERED that the conservators shall have possession of the child at times mutually agreed to in advance by the parties, and, in the absence of mutual agreement, it is ORDERED that the conservators shall have possession of the child under the specified terms set out in this Standard Possession Order. () Parents Who Reside 50 Miles or Less Apart Except as otherwise expressly provided in this Standard Possession Order, when MATTHEW BRYAN QUEEN resides 50 miles or less from the primary residence of the child, MATTHEW BRYAN QUEEN shall have the right to possession of the child as follows: 1 Weekends — On weekends that occur during the regular school term, beginning at the time the child's school is regularly dismissed, on the first, third, and fifth Friday of each month and ending at the time the child's school Petition to Modify Parent-Child Relationship ITIO I.C.Q., E.L.Q. AND 0.B.Q., children Cause No. 19-2812-D Page 8 resumes after the weekend. On weekends that do not occur during the regular school term, beginning at 6:00 p.m., on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday. 2 Weekend Possession Extended by a Holiday — Except as otherwise expressly provided in this Standard Possession Order, if a weekend period of possession by MATTHEW BRYAN QUEEN begins on a student holiday or a teacher in-service day that falls on a Friday during the regular school term, as determined by the school in which the child is enrolled, or a federal, state, or local holiday that falls on a Friday during the summer months when school is not in session, that weekend period of possession shall begin at the time the child's school is regularly dismissed on the Thursday immediately preceding the student holiday or teacher in-service day and 6:00 p.m. on the Thursday immediately preceding the federal, state, or local holiday during the summer months. Except as otherwise expressly provided in this Standard Possession Order, if a weekend period of possession by MATTHEW BRYAN QUEEN ends on or is immediately followed by a student holiday or a teacher in- service day that falls on a Monday during the regular school term, as determined by the school in which the child is enrolled, that weekend period of possession shall end at 8:00 a.m. Tuesday. Except as otherwise expressly provided in this Standard Possession Order, if a weekend period of possession by MATTHEW BRYAN QUEEN ends on or is immediately followed by a or a federal, state, or local holiday that falls on a Monday during the summer months when school is not in session, that weekend period of possession shall end at 6:00 p.m. on that Monday. 3. Thursdays - On Thursday of each week during the regular school term, beginning at the time the child's school is regularly dismissed and ending at the time the child's school resumes on Friday. 4 Spring Vacation in Even-Numbered Years - In even- numbered years, beginning at the time the child's school is dismissed for the school's spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation. 5: Extended Summer Possession by MATTHEW BRYAN QUEEN — With Written Notice by April 1 - If MATTHEW BRYAN QUEEN Petition to Modify Parent-Child Relationship ITIO I.C.Q., E.L.Q. AND 0.B.Q., children Cause No. 19-2812-D Page 9 gives LEANN NICOLE QUEEN written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, MATTHEW BRYAN QUEEN shall have possession of the child for thirty days beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, as specified in the written notice. These periods of possession shall begin and end at 6:00 p.m. on each applicable day. Without Written Notice by April 1 - If MATTHEW BRYAN QUEEN does not give LEANN NICOLE QUEEN written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, MATTHEW BRYAN QUEEN shall have possession of the child for thirty consecutive days in that year beginning at 6:00 p.m. on July 1 and ending at 6:00 p.m. on July 31. Notwithstanding the Thursday periods of possession during the regular school term and the weekend periods of possession ORDERED for MATTHEW BRYAN QUEEN, it is expressly ORDERED that LEANN NICOLE QUEEN shall have a superior right of possession of the child as follows: 1, Spring Vacation in Odd-Numbered Years - In odd-numbered years, beginning at the time the child's school is dismissed for the school's spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation. 2 Summer Weekend Possession by LEANN NICOLE QUEEN - If LEANN NICOLE QUEEN gives MATTHEW BRYAN QUEEN written notice by April 15 of a year, LEANN NICOLE QUEEN shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of the extended summer possession by MATTHEW BRYAN QUEEN in that year, provided that LEANN NICOLE QUEEN picks up the child from MATTHEW BRYAN QUEEN and returns the child to that same place and that the weekend so designated does not interfere with Father's Day possession. Not later than the fifteenth day before the Friday that begins the designated weekend, MATTHEW BRYAN QUEEN must give LEANN NICOLE QUEEN written notice of the location at which LEANN NICOLE QUEEN is to pick up and return the child. 3 Extended Summer Possession by LEANN NICOLE QUEEN - If LEANN NICOLE QUEEN gives MATTHEW BRYAN QUEEN written notice by April 15 of a year or gives MATTHEW BRYAN QUEEN fourteen days' written notice on or after April 16 of a year, LEANN NICOLE QUEEN may designate one weekend beginning no earlier than the day after the Petition to Modify Parent-Child Relationship ITIO I.C.Q., E.L.Q. AND 0.B.Q., children Cause No. 19-2812-D Page 10 child's school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation, during which an otherwise scheduled weekend period of possession by MATTHEW BRYAN QUEEN shall not take place in that year, provided that the weekend so designated does not interfere with MATTHEW BRYAN QUEEN's period or periods of extended summer possession or with Father's Day possession. (d) Parents Who Reside More than 50 Miles and 100 Miles or Less Apart Except as otherwise expressly provided in this Standard Possession Order, when MATTHEW BRYAN QUEEN resides more than 50 Miles and 100 miles or less from the primary residence of the child, MATTHEW BRYAN QUEEN shall have the right to possession of the child as follows: 1, Weekends — On weekends that occur during the regular school term, beginning at 6:00 p.m., on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday. On weekends that do not occur during the regular school term, beginning at 6:00 p.m., on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday. 2 Weekend Possession Extended by a Holiday — Except as otherwise expressly provided in this Standard Possession Order, if a weekend period of possession by MATTHEW BRYAN QUEEN begins on a student holiday or a teacher in-service day that falls on a Friday during the regular school term, as determined by the school in which the child is enrolled, or a federal, state, or local holiday that falls on a Friday during the summer months when school is not in session, that weekend period of possession shall begin at 6:00 p.m. on the immediately preceding Thursday. Except as otherwise expressly provided in this Standard Possession Order, if a weekend period of possession by MATTHEW BRYAN QUEEN ends on or is immediately followed by a student holiday or a teacher in- service day that falls on a Monday during the regular school term, as determined by the school in which the child is enrolled, that weekend period of possession shall end at 6:00 p.m. on that Monday. Except as otherwise expressly provided in this Standard Possession Order, if a weekend period of possession by MATTHEW BRYAN QUEEN ends on or is immediately followed by a or a federal, state, or local holiday Petition to Modify Parent-Child Relationship ITIO I.C.Q., E.L.Q. AND 0.B.Q., children Cause No. 19-2812-D Page 11 that falls on a Monday during the summer months when school is not in session, that weekend period of possession shall end at 6:00 p.m. on that Monday. 3. Thursdays - On Thursday of each week during the regular school term, beginning at 6:00 p.m. and ending at 8:00 p.m. 4 Spring Vacation in Even-Numbered Years - In even- numbered years, beginning at 6:00 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation. 5 Extended Summer Possession by MATTHEW BRYAN QUEEN - With Written Notice by April 1 - If MATTHEW BRYAN QUEEN gives LEANN NICOLE QUEEN written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, MATTHEW BRYAN QUEEN shall have possession of the child for thirty days beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, as specified in the written notice. These periods of possession shall begin and end at 6:00 p.m. on each applicable day. Without Written Notice by April 1 - If MATTHEW BRYAN QUEEN does not give LEANN NICOLE QUEEN written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, MATTHEW BRYAN QUEEN shall have possession of the child for thirty consecutive days in that year beginning at 6:00 p.m. on July 1 and ending at 6:00 p.m. on July 31. Notwithstanding the Thursday periods of possession during the regular school term and the weekend periods of possession ORDERED for MATTHEW BRYAN QUEEN, it is expressly ORDERED that LEANN NICOLE QUEEN shall have a superior right of possession of the child as follows: 1 Spring Vacation in Odd-Numbered Years - In odd-numbered. years, beginning at 6:00 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation. 2 Summer Weekend Possession by LEANN NICOLE QUEEN - If LEANN NICOLE QUEEN gives MATTHEW BRYAN QUEEN written notice by April 15 of a year, LEANN NICOLE QUEEN shall have Petition to Modify Parent-Child Relationship ITIO I.C.Q., E.L.Q. AND 0.B.Q., children Cause No. 19-2812-D Page 12 possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of the extended summer possession by MATTHEW BRYAN QUEEN in that year, provided that LEANN NICOLE QUEEN picks up the child from MATTHEW BRYAN QUEEN and returns the child to that same place and that the weekend so designated does not interfere with Father's Day possession. Not later than the fifteenth day before the Friday that begins the designated weekend, MATTHEW BRYAN QUEEN must give LEANN NICOLE QUEEN written notice of the location at which LEANN NICOLE QUEEN is to pick up and return the child. Extended Summer Possession by LEANN NICOLE QUEEN - If LEANN NICOLE QUEEN gives MATTHEW BRYAN QUEEN written notice by April 15 of a year or gives MATTHEW BRYAN QUEEN fourteen days' written notice on or after April 16 of a year, LEANN NICOLE QUEEN may designate one weekend beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation, during which an otherwise scheduled weekend period of possession by MATTHEW BRYAN QUEEN shall not take place in that year, provided that the weekend so designated does not interfere with MATTHEW BRYAN QUEEN's period or periods of extended summer possession or with Father's Day possession. (e) Parents Who Reside More Than 100 Miles Apart Except as otherwise expressly provided in this Standard Possession Order, when MATTHEW BRYAN QUEEN resides more than 100 miles from the residence of the child, MATTHEW BRYAN QUEEN shall have the right to possession of the child as follows: 1, Weekends - Unless MATTHEW BRYAN QUEEN elects the alternative period of weekend possession described in the next paragraph, MATTHEW BRYAN QUEEN shall have the right to possession of the child on weekends beginning at 6:00 p.m., on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday. Alternate Weekend Possession - In lieu of the weekend possession described in the foregoing paragraph, MATTHEW BRYAN QUEEN shall have the right to possession of the child not more than one weekend per month of MATTHEW BRYAN QUEEN's choice beginning at 6:00 p.m. on the day school recesses for the weekend and ending at 6:00 p.m. on the day before school resumes after the weekend. MATTHEW BRYAN QUEEN may elect an option for this alternative period of weekend possession by giving written notice to LEANN NICOLE QUEEN within ninety days after the parties begin to reside more than 100 miles apart. If MATTHEW BRYAN QUEEN makes this election, MATTHEW BRYAN Petition to Modify Parent-Child Relationship ITIO I.C.Q., E.L.Q. AND 0.B.Q., children Cause No. 19-2812-D Page 13 QUEEN shall give LEANN NICOLE QUEEN fourteen days' written or telephonic notice preceding a designated weekend. The weekends chosen shall not conflict with the provisions regarding Christmas, Thanksgiving, the child's birthday, and Mother's Day possession below. 2 Weekend Possession Extended by a Holiday — Except as otherwise expressly provided in this Standard Possession Order, if a weekend period of possession by MATTHEW BRYAN QUEEN begins on a student holiday or a teacher in-service day that falls on a Friday during the regular school term, as determined by the school in which the child is enrolled, or a federal, state, or local holiday during the summer months when school is not in session, that weekend period of possession shall begin at 6:00 p.m. on the immediately preceding Thursday Except as otherwise expressly provided in this Standard Possession Order, if a weekend period of possession by MATTHEW BRYAN QUEEN ends on or is immediately followed by a student holiday or a teacher in- service day that falls on a Monday during the regular school term, as determined by the school in which the child is enrolled, that weekend period of possession shall end at 6:00 p.m. on that Monday. Except as otherwise expressly provided in this Standard Possession Order, if a weekend period of possession by MATTHEW BRYAN QUEEN ends on or is immediately followed by a or a federal, state, or local holiday that falls on a Monday during the summer months when school is not in session, that weekend period of possession shall end at 6:00 p.m. on that Monday. 3 Spring Vacation in All Years - Every year, beginning at 6:00 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation. 4 Extended Summer Possession by MATTHEW BRYAN QUEEN — With Written Notice by April 1 - If MATTHEW BRYAN QUEEN gives LEANN NICOLE QUEEN written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, MATTHEW BRYAN QUEEN shall have possession of the child for forty-two days beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven Petition to Modify Parent-Child Relationship ITIO I.C.Q., E.L.Q. AND 0.B.Q., children Cause No. 19-2812-D Page 14 consecutive days each, as specified in the written notice. These periods of possession shall begin and end at 6:00 p.m. on each applicable day. Without Written Notice by April 1 - If MATTHEW BRYAN QUEEN does not give LEANN NICOLE QUEEN written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, MATTHEW BRYAN QUEEN shall have possession of the child for forty-two consecutive days beginning at 6:00 p.m. on June 15 and ending at 6:00 p.m. on July 27 of that year. Notwithstanding the weekend periods of possession ORDERED for MATTHEW BRYAN QUEEN, it is expressly ORDERED that LEANN NICOLE QUEEN shall have a superior right of possession of the child as follows: 1, Summer Weekend Possession by LEANN NICOLE QUEEN - If LEANN NICOLE QUEEN gives MATTHEW BRYAN QUEEN written notice by April 15 of a year, LEANN NICOLE QUEEN shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of possession by MATTHEW BRYAN QUEEN during MATTHEW BRYAN QUEEN's extended summer possession in that year, provided that if a period of possession by MATTHEW BRYAN QUEEN in that year exceeds thirty days, LEANN NICOLE QUEEN may have possession of the child under the terms of this provision on any two nonconsecutive weekends during that period and provided that LEANN NICOLE QUEEN picks up the child from MATTHEW BRYAN QUEEN and returns the child to that same place and that the weekend so designated does not interfere with Father's Day possession. 2 Extended Summer Possession by LEANN NICOLE QUEEN - If LEANN NICOLE QUEEN gives MATTHEW BRYAN QUEEN written notice by April 15 of a year, LEANN NICOLE QUEEN may designate twenty-one days beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, during which MATTHEW BRYAN QUEEN shall not have possession of the child, provided that the period or periods so designated do not interfere with MATTHEW BRYAN QUEEN's period or periods of extended summer possession or with Father's Day possession. These periods of possession shall begin and end at 6:00 p.m. on each applicable day. © Holidays Unaffected by Distance Notwithstanding the weekend and Thursday periods of possession Petition to Modify Parent-Child Relationship ITIO I.C.Q., E.L.Q. AND 0.B.Q., children Cause No. 19-2812-D Page 15 of MATTHEW BRYAN QUEEN, LEANN NICOLE QUEEN and MATTHEW BRYAN QUEEN shall have the right to possession of the child as follows: 1 Christmas Holidays in Even-Numbered Years - In even- numbered years, MATTHEW BRYAN QUEEN shall have the right to possession of the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and LEANN NICOLE QUEEN shall have the right to possession of the child beginning at noon on December 28 and ending at 6:00 p.m. on the day before school resumes after that Christmas school vacation. 2 Christmas Holidays in Odd-Numbered Years - In odd- numbered years, LEANN NICOLE QUEEN shall have the right to possession of the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and MATTHEW BRYAN QUEEN shall have the right to possession of the child beginning at noon on December 28 and ending at 6:00 p.m. on the day before school resumes after that Christmas school vacation. 3. Thanksgiving in Odd-Numbered Years - In odd-numbered years, MATTHEW BRYAN QUEEN shall have the right to possession of the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Thanksgiving holiday and ending at 6:00 p.m. on the Sunday following Thanksgiving. 4 Thanksgiving in Even-Numbered Years - In even-numbered years, LEANN NICOLE QUEEN shall have the right to possession of the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Thanksgiving holiday and ending at 6:00 p.m. on the Sunday following Thanksgiving. 5: Child's Birthday - If a parent is not otherwise entitled under this Standard Possession Order to present possession of the child on the child's birthday, that parent shall have possession of the child beginning at 6:00 p.m. and ending at 8:00 p.m. on that day, provided that that parent picks up the child from the other parent's residence and returns the child to that same place. 6. Father's Day - MATTHEW BRYAN QUEEN shall have the right to possession of the child each year, beginning at 6:00 p.m. on the Friday preceding Father's Day and ending at 6:00 p.m. on Father's Day, provided that if MATTHEW BRYAN QUEEN is not otherwise entitled under this Standard Possession Order to present possession of the child, he shall pick up the child from LEANN NICOLE QUEEN's residence and Petition to Modify Parent-Child Relationship ITIO I.C.Q., E.L.Q. AND 0.B.Q., children Cause No. 19-2812-D Page 16 return the child to that same place. 7: Mother's Day - LEANN NICOLE QUEEN shall have the right to possession of the child each year, beginning at 6:00 p.m. on the Friday preceding Mother's Day and ending at 6:00 p.m. on Mother's Day, provided that if LEANN NICOLE QUEEN is not otherwise entitled under this Standard Possession Order to present possession of the child, she shall pick up the child from MATTHEW BRYAN QUEEN's residence and return the child to that same place. (g) Undesignated Periods of Possession LEANN NICOLE QUEEN shall have the right of possession of the child at all other times not specifically designated in this Standard Possession Order for MATTHEW BRYAN QUEEN. (h) General Terms and Conditions Except as otherwise expressly provided in this Standard Possession Order, the terms and conditions of possession of the child that apply regardless of the distance between the residence of a parent and the child are as follows: 1 Surrender of Child by LEANN NICOLE QUEEN - LEANN NICOLE QUEEN is ORDERED to surrender the child to MATTHEW BRYAN QUEEN at the beginning of each period of MATTHEW BRYAN QUEEN's possession at the residence of LEANN NICOLE QUEEN. 2 Surrender of Child by MATTHEW BRYAN QUEEN - MATTHEW BRYAN QUEEN is ORDERED to surrender the child to LEANN NICOLE QUEEN at the residence of MATTHEW BRYAN QUEEN at the end of each period of possession. 3. Surrender of Child by MATTHEW BRYAN QUEEN - MATTHEW BRYAN QUEEN is ORDERED to surrender the child to LEANN NICOLE QUEEN, if the child is in MATTHEW BRYAN QUEEN's possession or subject to MATTHEW BRYAN QUEEN's control, at the beginning of each period of LEANN NICOLE QUEEN's exclusive periods of possession, at the place designated in this Standard Possession Order. 4 Return of Child by LEANN NICOLE QUEEN - LEANN NICOLE QUEEN is ORDERED to return the child to MATTHEW BRYAN QUEEN, if MATTHEW BRYAN QUEEN is entitled to possession of the child, at the end of each of LEANN NICOLE QUEEN's exclusive periods of possession, at the place designated in this Standard Possession Order. 5: Personal Effects - Each conservator is ORDERED to return Petition to Modify Parent-Child Relationship ITIO I.C.Q., E.L.Q. AND 0.B.Q., children Cause No. 19-2812-D Page 17 with the child the personal effects that the child brought at the beginning of the period of possession. 6 Designation of Competent Adult - Each conservator may designate any competent adult to pick up and return the child, as applicable. IT IS ORDERED that a conservator or a designated competent adult be present when the child is picked up or returned. 7: Inability to Exercise Possession - Each conservator is ORDERED to give notice to the person in possession of the child on each occasion that the conservator will be unable to exercise that conservator's right of possession for any specified period. 8 Written Notice - Written notice, including notice provided by electronic mail or facsimile, shall be deemed to have been timely made if received or, if applicable, postmarked before or at the time that notice is due. Each conservator is ORDERED to notify the other conservator of any change in the conservator's electronic mail address or facsimile number within twenty-four hours after the change. This concludes the Standard Possession Order. Petition to Modify Parent-Child Relationship ITIO I.C.Q., E.L.Q. AND 0.B.Q., children Cause No. 19-2812-D Page 18 Exhibit B IN THE 3215T JUDICIAL DISTRICT COURT, COUNTY COURT AT LAW, PENNY rE RKSTON AND DISTRICT CLERK COUNTY COURT AT LAW NUMBER TWO SMITH COUNTY, TEXAS 2020 JAN 2 i at oka, Ge SRxAS vn STANDING TEMPORARY ORDERS No party to this lawsuit has requested this order. Rather, this order is a standing order of the family courts of Smith County, Texas and it shall apply to every divorce suit and suit affecting the parent-child relationship, including modifications, that is filed in Smith County. This Order shall remain in effect for the entirety of the lawsuit unless modified or vacated by further order of the court. Only as to the extent that further temporary orders modify these standing order will said temporary orders control. The family courts of Smith County, Texas have adopted this order because the parties and their children should be protected and their property preserved while this lawsuit is pending before the courts. Therefore, IT IS ORDERED: 1 rs! NO DISRUPTION OF CHILDREN. All parties are ORDERED to refrain from doing the following acts concerning any child who is the subject of the case: 1d Removing a child from the State of Texas for the purpose of changing the child's residence, acting directly or in concert with others, without the written agreement of all parties or an order of this Court 1.2 Disrupting or withdrawing a child from the school or day-care facility where the child is presently enrolled without the written agreement of both parents or an order of this Court. 1.3 Hiding or secreting a child from the other parent or changing a child's current place of abode without the written agreement of both parents or an order of this Court, 1.4 Disturbing the peace of a child. LS Making disparaging remarks about any party or the other party's family members to the child or within the child’s presence or sphere of presence; nor shall any party allow the child to remain in the presence of others making such remarks 1.6 Discussing with a child, or with any other person in the presence of a child, the case or any aspects of the case as well as the issues of conservatorship, child support and possession. CONDUCT OF THE PARTIES DURING THE CASE. All parties are ORDERED to refrain from doing the following acts: 2.1 Threatening the other party in person or in any other manner, including by telephone, electronic voice transmission, video chat writing, electronic messaging, or social media, to take unlawful action against any person. Smith County Standing Orders Regarding Children, Property, and Conduct of the Parties Page 1 of 4 2.2 Using vulgar, profane, obscene or indecent language, or in a coarse or offensive manner, to communicate with the other party, whether in person, by telephone, by electronic communication (including email, text and social media), or otherwise in writing. 2.3 Posting on any social media platform threatening comments specifically relating to the case or the other party during the pendency of the case. Social media platform includes but is not limited to Facebook, Instagram, and Twitter. 2.4 Placing one or more telephone calls, anonymously, or at an unreasonable hour, in an offensive or repetitious manner, or without a legitimate purpose of communication. 2.5 Opening or diverting mail, e-mail, or any other electronic communication addressed solely to the other party. 2.6 Using any password or personal identification number to gain access to the e- mail account, bank account, social media account, or any other electronic account in the sole name of the other party UNLESS the other party gives prior written consent. 3. 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 doing the following acts: 3.1 Destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of one or both of the parties. 3.2 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. 3.3 Damaging or destroying the tangible or intellectual property of one or both of the parties, including any document that represents or embodies anything of value, or tampering with the tangible or intellectual property of one or both parties, including any document that represents or embodies anything of value, and causing pecuniary loss or substantial inconvenience to the other party. 3.4 Selling, transferring, assigning, mortgaging, encumbering, or in any other manner alienating any property of either party, whether personal property, real estate property, or intellectual property, regardless of whether the property is separate property or community property, except as specifically authorized by this order. 3.5 Incurring any debt, other than legal expenses in connection with this suit, or spending any money in either party's possession or subject to either party's control for any purpose, except as specifically authorized by this order. 3.6 Incurring debt for any purpose and in a manner in which the other party will be solely liable unless specifically authorized in writing by the other party after the filing of this suit. 3.7 Withdrawing money from any checking or savings account in any financial institution for any purpose, except as specifically aut