ACCEPTED
01-15-01027-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
12/7/2015 2:03:30 PM
CHRISTOPHER PRINE
CLERK
No. 0 1- 11- t)JOd 7 -0v
FILED IN
1st COURT OF APPEALS
IN THE COURT OF APPEALS AT HOUSTON, TEXAS
HOUSTON, TEXAS 12/7/2015 2:03:30 PM
CHRISTOPHER A. PRINE
Clerk
CALLIE SHEARD, Relator,
vs.
THE HONORABLE GLENN DEVLIN,
JUDGE OF THE 313TH JUDICIAL DISTRICT COURT,
HARRIS COUNTY, TEXAS, Respondent.
PETITION FOR WRIT OF MANDAMUS
LAW OFFICE OF JOHN E. CHOATE, JR.
116WLEWIS
CONROE, TX 77301
Lauren@ConroeLawOffice.com
Tel (936) 441-2999
Fax (936) 78 5670
. CHOATE,
Texas Bar No. 00793503
LAUREN H. ALLEN
Texas Bar No. 24080764
ORAL ARGUMENT REQUESTED
IDENTITY OF PARTIES AND COUNSEL
Pursuant to Tex. R. App. Proc. 52.3(a), Relator offers the following list of parties to
this case and counsel for the parties:
Respondent: THE HONORABLE GLENN DEVLIN
JUDGE OF THE 313TH JUDICIAL
DISTRICT COURT, HARRIS
COUNTY, TEXAS
Chris Daniel, District Clerk
P.O.Box4651
Houston, TX 77210-
4651
Relator: CALLIE SHEARD
Counsel for Relator: Lauren H. Allen
Law Office of John E. Choate, Jr.
Lauren@ConroeLawOffice.com
SBN: 24080764
116 W. Lewis
Conroe, TX 77301
Phone: 936-441-2999
Fax: 936-788-5670
Real Party in Interest: Ronald and Judy O'Dell
Counsel for Real Party in Gary M. Polland ·
Interest:
2211 Norfolk, Suite 920
Houston, TX 77046
Phone: (713) 621-6335
Fax: (713) 622-6334
Real Party in Interest: Juli Crow
Attorney Ad Litem for Child
P.O. Box 10152
Houston, TX 77206
Fax: (713) 422-2389
i
TABLE OF CONTENTS
IDENTITY OF PARTIES AND COUNSEL .................................................................... .i
TABLE OF CONTENTS .................................................................................................. .ii
INDEX OF AUTHORITIES ........................................................................................... .iv
STATEMENT OF THE CASE ......... ;................................................................................ 1
STATEMENT OF JURISIDICTION ................................................................................ 1
ISSUES PRESENTED ..................................................................................................... 2
STATEMENT OF FACTS ............................................................................................... .3
STATEMENT REGARDING ORAL ARGUMENT ....................................................... 5
ARGUMENT AND AUTHORITIES ................................................................................ 6
I. THE STANDARD OF REVIEW FOR OBTAINING MANDAMUS
RELIEF .......................................................................................................... 6
II. MANDAMUS RELIEF IS APPROPRIATE IN THIS CASE BECAUSE
THE TRIAL COURT HAS THE DUTY PURSUANT TO SECTION
155.201(b) OF THE TEXAS FAMILY CODE TO TRANSFER THE
UNDERLYING CASE TO MONTGOMERY
COUNTY...................................................................................................... 7
A. f5!~io\ fb)s;p{h~ ~~~i:n11YTt~~~~.~.~~~~~~.'.~.~~~.~~~ .................... 1
B. The O'Dells failed to timely present a controverting affidavit
pursuant to Section 155.204 of the Texas Family Code ........................... 8
(l)No controverting affidavit was on file as of .
November 16, 2015 ........................................................................ 8
(2)The O'Dells' "affidavit" wholly fails to meet
Section 155.204(d) of the Texas Family Code ............................ 10
III. THE TRIAL COURT ABUSED ITS DISCRETION IN APPOINTING
THE ATTORNEY ADLITEMFOR THE CHILD .................................... 11
11
A. The trial court abused its discretion.in signing the November
10, 2015 order appointing the ad Litem, without proper notice
and hearing ............................................................................................. 11
B. The trial court abused its discretion in allowing the O'Dells
to argue first on November 17, 2015 ...................................................... 12
C. Because the transfer was mandatory, the trial court abused
its discretion in appointing the amicus attorney ..................................... 13
PRAYER FOR RELIEF .................................................................................................. 15
CERTIFICATE OF SERVICE ........................................................................................ 16
VERIFICATION .............................................................................................................. 17
TABLE OF CONTENTS FOR APPENDICES .............................................................. 18
111
INDEX OF AUTHORITIES
Cases:
Fitzgerald v. Fitzgerald,
2013 Tex. App. LEXIS 710, 6-7 (Tex.App.-Houston [14th Dist.] 2013)
(no pet.) ............................................................................................................ 11, 13
In re Cerberus Capital Mgmt., L.P.,
164 S.W.3d 379, 382 (Tex. 2005) ........................................................................... 6
In re Leder,
263 S.W.3d 283, 285 (Tex.App.-Houston [1st Dist.] 2007, orig. proceeding) .. 6, 7
In re Prudential Ins. Co. ofAm.,
148 S.W.3d 124, 135-36 (Tex. 2004) ........................................................................ 6
Proffer v. Yates,
734 S.W.2d 671, 673 (Tex. 1987)........................................................................... 7
Silverman v. Johnson,
317 S.W.3d 846, 849 (Tex.App.-Austin, 2010)(no pet.) .............................. 14, 15
Vara v. Vara,
2014 Tex. App. LEXIS 7872 (Tex.App.-Austin, 2014)( no pet.) ........... 13, 14, 15
Walker v. Packer,
827 S.W.2d 833, 839 (Tex. 1992) ....................................................................... 6, 8
Constitution:
Tex. Const. art. 5 §6 ................................................................................................... 1
Statutes:
Texas Rules of Civil Procedure
Tex. R. Civ. P. 21 ....................................................................................................... 11, 12
Texas Family Code
Tex. Fam. Code §155.005 ................................................................................................ 15
IV
Tex. Fam. Code §155.201(b)....................................................................... .4, 7, 8, 12, 13
Tex. Fam. Code §155.204(b) ........................................................................................ 7, 8
Tex. Fam. Code §155.204(c) ................................................................................... 8, 9, 14
Tex. Fam. Code §155.204(d) ............................................................................. 8, 9, 10, 14
Tex. Fam. Code §155.204(h) ............................................................................................... 6
Texas Government Code
Tex. Gov't Code §22.221(b) .............................................................................................. l
Texas Rules of Appellate Procedure
Tex. R. App. P. §52.1 ......................................................................................................... 1
v
TO THE HONORABLE JUDGES OF THE COURT OF APPEALS:
CALLIE SHEARD, Relator, by and through her Counsel of Record, LAUREN
H. ALLEN, pursuant to TEX. R. APP. P. 52.1, petitions this court for a writ of
mandamus against Honorable Glenn Devlin, Judge of the 313th Judicial District Court,
Harris County, Texas, Respondent. Relator supports this petition as follows:
STATEMENT OF THE CASE
This petition for mandamus arises IN THE INTEREST OF E. A. P., A CHILD,
in which the child's mother, Relator, has filed a Petition to Modify the Parent-Child
Relationship. The respondent is Honorable Glenn Devlin, Judge of the 313th Judicial
District Court, Harris County, Texas. Relator seeks relief from the Respondent's action
in denying Relator's Motion to Transfer from Harris County to Montgomery County
and in appointing an attorney ad litem for the child.
STATEMENT OF JURISIDICTION
This Court has jurisdiction over the 313th Judicial District Court of Harris
County, Texas, pursuant to Tex. Const. art. 5 §6 (Stating the courts of appeals have
statutory and constitutional authority to review the decisions of lower courts through the
exercise of their original and appellate jurisdiction) and more specifically pursuant to
Tex. Gov't Code §22.22l(b), which provides the authority to issue a writ of mandamus
against a judge of a district court within this court's appellate district. Harris County,
Texas is within this Court's appellate district.
1
ISSUES PRESENTED
I. Whether the trial court abused its discretion in denying Relator's motion to
transfer venue given that it was undisputed the child has resided in
Montgomery County for more than six months.
II. Whether the trial court abused its discretion in appointing the Attorney ad
Litem first without proper notice to Relator and second making the
appointment again after the motion to transfer became mandatory and no
controverting affidavit was filed.
2
STATEMENT OF FACTS
The pleadings. Relator, Callie Sheard, filed her Petition to Modify the Parent-Child
Relationship on October 13, 2015, (App. E) seeking to modify the Order in Suit
Affecting the Parent-Child Relationship that was signed by the 313th Judicial District
Court of Harris County, Texas on June 18, 2013. (App. R) ("Suit Affecting the Parent-
Child Relationship" is herein also called "SAPCR.")
Relator's Motion to Transfer the SAPCR modification was filed on October 8,
2015. (App. D)
Respondents in the trial court are the O'Dells. Ronald O'Dell, was served with
the Petition and Motion to Transfer on October 21, 2015. (App. F) Judy O'Dell was
served with the Petition and Motion to Transfer on October 22, 2015. (App. G)
On November 6, 2015, the O'Dells, thru their attorney, filed a Motion for
Reappointment of Attorney ad Litem for Child. (App. H)
On November 10, 2015, without a hearing and without notice to Sheard, the trial
court granted the motion for reappointment of the attorney ad litem. (App. I)
The coordinator of the trial court contacted Lauren Allen regarding the court, sua
sponte, setting a hearing on November 17, 2015 regarding the motions on file. (RR, pg
4; App. S) So, on November 13, 2015, even though no controverting affidavit had been
filed, Relator filed a notice of hearing for the Court to sign the uncontroverted Motion to
Transfer and the objection to the November 10, 2015 order appointing the ad litem.
(App. J)
3
The hearing. As of the date of the hearing, on November 17, 2015, the O'Dells
had not filed a controverting affidavit. At the November 17 hearing, Relator sought to
argue (1) her objection to the reappointment of the Attorney Ad Litem because the
motion was never set for a hearing and the trial court signed the order without notice to
Relator and (2) her motion to transfer to Montgomery County. The trial court allowed
the O'Dells to argue first and again, reappointed the ad Litem, over Sheard's objection
that the case should be transferred and let Montgomery County decide the ad litem
issue. (RR. 4-5;App. N)
During the hearing, in which only arguments of counsel was presented, Sheard' s
attorney, Lauren Allen, argued that the Motion to Transfer was mandatory pursuant to
§155.201(b) of the Texas Family Code because the child had resided in Montgomery
County for the previous 6 months, and further, that the child had resided in Montgomery
County with the O'Dells for over two years. 1 (RR. 5) The fact that the child has resided
in Montgomery County, Texas for at least the previous six months was not denied by
the Respondent's attorney. (RR. 5) In fact, the Respondents' argument was that they
agreed to keep the case in Harris County because the court was familiar with the
underlying case. (RR. 5)
The Court judicially rendered on November 17, 2015, that the Attorney Ad Litem
would be reappointed (RR. 5) and denied Sheard's Motion to Transfer. (RR. 7) The
1
It was also state.cl that it is convenient to the O'Dells for the case to be transferred to the county where
. they live. (RR. 5) However, that was not plead and not the grounds for the transfer.
4
O'Dells' proposed order was filed and signed by the Court on November 18, 2015,
(App. M) while Sheard filed her own proposed order on November 19, 2015. (App. P)
Events after the hearing. After the Court had judicially rendered on the record, on
November 17, 2015, that Petitioner's Motion to Transfer was denied, (RR. 7) on the
following day, November 18, 2015, the O'Dells filed a controverting affidavit. (App. 0)
Sheard received a copy of the affidavit on November 19, 2015, and filed a Motion
Objecting to Respondents' Controverting Affidavit on November 20, 2015. (App Q)
Also part of the Motion Objecting to Respondents' Controverting Affidavit was a
Motion Objecting to Respondents' Proposed Order. 2 Lauren Allen discovered on
November 23, 2015 that the trial court had signed the O'Dells' proposed order denying
the transfer on November 18, 2015 and this Writ commenced.
STATEMENT REGARDING ORAL ARUGMENT
Counsel for the Relator requests oral argument and believes that it would
be beneficial to the Court to be available to respond to questions regarding this
case and the applicable law involved.
2
Relator filed the motion objecting to the proposed order, because the order does not accurately reflect
the events. The order the 0 'Dells proposed and the court ultimately signed, makes it look like the trial
court ruled on November 18, 2015, after the controverting affidavit had been filed, and does not
accurately reflect the courts rendering on November 17, 2015, before the affidavit was filed.
5
ARGUMENT AND AUTHORITIES
I. THE STANDARD OF REVIEW FOR OBTAINING MANDAMUS
RELIEF.
Mandamus is an extraordinary remedy that will issue only if a two-prong test can be
met: whether (1) the trial court clearly abused its discretion and (2) the party requesting
mandamus relief has no adequate remedy by appeal. In re Cerberus Capital Mgmt.,
L.P., 164 S.W.3d 379, 382 (Tex. 2005)(Citing Walker v. Packer, 827 S.W.2d 833, 839
(Tex. 1992); see also, In re Prudential Ins. Co. ofAm., 148 S.W.3d 124, 135-36 (Tex.
2004).
As to the first prong, a trial court abuses its discretion if it reaches a decision "so
arbitrary and unreasonable" as to amount to a clear and prejudicial error of law, or, if it
clearly fails to analyze or apply the law correctly. In re Cerberus Capital Mgmt., L.P.,
164 S.W.3d at 382.
As to the second prong, Mandamus is the appropriate remedy to compel a mandatory
transfer of venue in a suit affecting the parent-child relationship. In re Leder, 263
S.W.3d 283, 285 (Tex.App.-Houston [1st Dist.] 2007, orig. proceeding); see Tex. Fam.
Code §155.204(h)(Providing that denial of mandatory transfer is not subject to
interlocutory appeal).
"Mandamus will issue when there is a legal duty to perform a nondiscretionary act, a
demand for performance, and a refusal." In re Leder, 263 S.W.3d at 285.
6
II. THE STANDARD OF REVIEW FOR OBTAINING MANDAMUS
RELIEF.MANDAMUS RELIEF IS APPROPRIATE IN THIS CASE
BECAUSE THE TRIAL COURT HAS THE DUTY PURSUANT TO
SECTION 155.201(b) OF THE TEXAS FAMILY CODE TO
TRANSFER THE UNDERLYING CASE TO MONTGOMERY
COUNTY.
A. Relator presented a Mandatory Transfer pursuant to Section
155.20l(b) of the Texas Family Code.
The trial court abused its discretion when it denied Relator's Motion to Transfer to
Montgomery County, Texas. (RR. 5-7; App. M) This case presented the trial court with
a mandatory, ministerial duty to transfer arising from section 155.20l(b) of the Texas
Family Code because the child has resided in Montgomery County for six months or
longer. (RR. 5-7, App. D) See In re Leder, 263 S.W.3d at 285; see also Proffer v.
Yates, 734 S.W.2d 671, 673 (Tex. 1987)(Holding that a transfer based on the child
residing in another county for more than six months is a "mandatory ministerial duty.")
Section 155.201(b) provides as follows:
(b) If a suit to modify or a motion to enforce an order is filed in
the court having continuing, exclusive jurisdiction of a suit, on the
timely motion of a party the court shall, within the time required by
Section 155.204, transfer the proceeding to another county in this
state ifthe child has resided in the other county for six months or
longer.
Tex. Fam. Code §155.201(b).
As far as the reference to Section 155.204 for timeliness of the motion, Section
155.204(b) provides as follows:
(b) ... a motion to transfer by a petitioner or movant is timely ifit
is made at the time the initial pleadings are filed ....
7
Tex. Fam. Code §155.204(b).
In this case, Harris County is the court of continuing, exclusive jurisdiction based
on its order from June of2013. (App. Q) The record shows Relator timely filed her
motion to transfer venue according to section 155.204 because she filed it before her
modification was filed (App. D, App. E). Most importantly, it was undisputed that the
child had lived in Montgomery County longer than six months at the time Relator filed
her SAPCR modification. (RR. 5-6)
The trial court had no "discretion" in determining what the law is or applying the
law to the facts. Walker, 827 S.W.2d at 840. Therefore, because Relator complied with
§ 155.201 (b ), this case presents a mandatory transfer and the trial court abused its
discretion in refusing to follow the law. See id. (Stating "a clear failure by the trial court
to analyze or apply the law correctly will constitute an abuse of discretion, and may
result in appellate reversal by extraordinary writ.").
B. The O'Dells failed to timely present a controverting affidavit
pursuant to Section 155.204 of the Texas Family Code.
(l)No controverting affidavit was on file as of November 16,
2015.
Section 155.204 of the Texas Family Code sets forth the procedures for transferring
cases. In pertinent part, it provides as follows:
(c) If a timely motion to transfer has been filed and no controverting
affidavit is filed within the period allowed for its filing, the
proceeding shall, not later than the 21st day after the final date of the
8
period allowed for the filing of a controverting affidavit, be
transferred without a hearing to the proper court.
(d) On or before the first Monday after the 20th day after the date of
notice of a motion to transfer is served, a party desiring to contest the
motion must file a controverting affidavit denying that grounds for
the transfer exist.
Tex. Fam. Code§ 155.204 (c)- (d).
Relator timely filed her motion to transfer because it was filed a few days before
the SAPCR modification was filed. (App. D, App. E) Ronald O'Dell was served with
the petition and motion for transfer on October 21, 2015. (App. F) Judy O'Dell was
served with the petition and motion to transfer on October 22, 2015. (App. G) In
looking at section 155 .204(d), taking the later of the dates of service, the 20th day after
October 22, 2015 was Wednesday, November 11, 2015. The Monday following that
20th day was Monday, November 16, 2015. As ofNovember 16, 2015, no controverting
affidavit had been filed by the O'Dells. Therefore, the O'Dells could not contest
Relator's grounds that the transfer exists. See Tex. Fam. Code §155.204(d).
Next, looking at Section 155.204(c), because no controverting affidavit was filed
by November 16, 2015, the case should have been transferred not later than 21 days
after November 16, 2015. Even though that timeframe has not lapsed, because a hearing
was held on the motion to transfer on November 17, 2015 and the trial court denied the
transfer, this Honorable Court should now issue a Writ directing the trial court to sign
the proposed order transferring the case to Montgomery County. (App. K)
9
(2) The O'Dells' "affidavit" wholly fails to meet Section
155.204(d) of the Texas Family Code.
After the trial court rendered on November 17, 2015 that the transfer was denied,
Respondents subsequently filed a controverting affidavit on November 18, 2015. 3 (App.
0) Sheard filed her objection to the untimely affidavit. (App. Q) Not only was the
"controverting affidavit" not filed timely, but it was not verified and failed to controvert
that grounds for the transfer exist. See Tex. Fam. Code §155.204(d).
The untimely affidavit makes a reference to the best interest of the child; it states
that the 313th District Court is knowledgeable about the case; it states that the Attorney
ad Litem would have an inconvenience in traveling to Montgomery County; and it states
that the Respondents prefer the current Court. (App. 0) Moreover, the "affidavit" is
signed "/s/" and it is not dated or signed by a notary. (App. 0)
Even ifthe "controverting affidavit" had been filed timely, it still is not a
controverting affidavit because the affidavit filed on November 18, 2015, wholly fails to
controvert that grounds for the transfer exist. See Tex. Fam. Code §155.204(d). The
O'Dells never denied that the child has lived in Montgomery County for the past six
months.
3
Because counsel for the O'Dells does not electrol_lically file pleadings, Sheard is unable to provide
this Honorable Court with a certified copy of that affidavit. On November, 24, 2015, when Lauren
Allen contacted the clerk of the court, the clerk stated that when documents are hand-filed, it can take a
week and a half for the pleading to make it to the electronic system. Therefore, Sheard has provided
the copy of the affidavit that was faxed to Lauren Allen on November 19, 2015. (App. 0)
10
III. THE TRIAL COURT ABUSED ITS DISCRETION IN APPOINTING
THE ATTORNEY AD LITEM FOR THE CHILD.
The trial court abused its discretion in appointing the Attorney ad Litem by (1)
ruling on the motion to reappoint the ad Litem attorney because the first order (App. I)
was not properly set for a hearing and noticed to the Relator, by (2) allowing the
O'Dells, on November 17, 2015, to move first at the hearing because it was Relator who
set the hearing regarding her objection to the order appointing the Attorney ad Litem,
and by (3) ruling on the second order appointing the ad Litem attorney (App. N) because
it was signed after the transfer was mandatory given that no controverting affidavit was
timely filed. See Fitzgerald v. Fitzgerald, 2013 Tex. App. LEXIS 710, 6-7 (Tex.App.-
Houston [14th Dist.] 2013)(no pet.)
A. The trial court abused its discretion in signing the November 10,
2015 order appointing the ad Litem, without proper notice and
hearing.
Section 21(a)- (b) of the Texas Rules of Civil Procedure provides the mechanism
for filing and serving pleadings and serving notices of hearing. This is commonly
referred to as "Rule 21(a)" and it provides as follows:
(a) Filing and Service Required. --Every pleading, plea, motion, or
application to the comi for an order, whether in the form of a motion,
plea, or other form of request, unless presented during a hearing or
trial, must be filed with the clerk of the court in writing, must state
the grounds therefor, must set forth the relief or order sought, and at
the same time a true copy must be served on all other parties, and
must be noted on the docket.
(b) Service ofNotice of Hearing. --An application to the court for
an order and notice of any hearing thereon, not presented during a
11
hearing or trial, must be served upon all other parties not less than
three days before the time specified for the hearing, unless otherwise
provided by these rules or shortened by the court.
Tex. R. Civ. P. 21(a)-(b ). The O'Dells filed their Motion for Reappointment of
Attorney ad Litem on November 6, 2015. (App. H)4 Then, without a hearing of any
kind, on November 10, 2015, the trial court signed the order appointing the Attorney ad
Litem for the child. (App. N) Because a hearing was not set on the motion and the trial
court ruled upon the motion without giving Relator a chance to be heard, the trial court
abused its discretion with the November 10, 2015 order. (App I)
B. The trial court abused its discretion in allowing the O'Dells to argue
first on November 17, 2015.
Relator filed her proposed order withdrawing the appointment of the ad Litem
because she had not been given proper notice and was objecting to that appointment.
(App. L) Relator set her objection to the order appointing the ad Litem, to be heard on
November 17, 2015. (App. J) At the hearing on November 17, 2015, the O'Dells'
counsel urged that he should move first. (RR. 4) Relator sought to have the proposed
order withdrawing the ad Litem granted and to have the hearing on her Motion to
Transfer, which was a mandatory transfer pursuant to section 155.201(b) of the Texas
Family Code. (RR. 4) Counsel for the O'Dells argued otherwise and the trial court
allowed the O'Dells to move on the motion to reappoint the Amicus Attorney. (RR. 4)
4
Petitioner did not receive notice of that motion until it was faxed to Lauren Allen on November 9,
2015, contrary to the certificate of service which was dated the 6th.
12
However, the trial court had already, albeit ex parte, granted the motion. (App. I) It
was Relator who was objecting to that prior appointment and she was not allowed to
move first on her objection. The O'Dells never noticed a hearing for the ad Litem.
The trial court then orally, again, appointed the Attorney ad Litem on November
17, 2015 (RR. 5) and signed the order on November 18, 2015 (App. N) Yet the trial
court never signed Petitioner's proposed order withdrawing the appointment of the ad
Litem for the child. (App. L) The trial court abused its discretion in allowing the
O'Dells to move first on a motion they never even set for a hearing.
C. Because the transfer was mandatory, the trial court abused its
discretion in appointing the amicus attorney.
Because Relator's Motion to Transfer was mandatory pursuant to section
155.201(b) of the Texas Family Code and no controverting affidavit had been filed, as
argued herein already, on November 17, 2015, the 313th Judicial Court lacked the
discretion to make further rulings in the case, and erred when it, for the second time,
granted the O'Dells' Motion for Reappointment of the Attorney ad Litem for the child.
(RR. 5;App. N) See Fitzgerald, 2013 Tex. App. LEXIS 710 at 9; see also Vara y. Vara,
2014 Tex. App. LEXIS 7872 (Tex.App.-Austin, 2014)( no pet.).
In Vara, the mother filed a motion to modify along with a motion to transfer the
case. Id. at 1-2. The father untimely filed his controverting affidavit which did not
actually controvert that the grounds for the transfer existed. Id. at 2. The father also
filed a motion to have the mother declared a vexatious litigant and the trial court held
13
one hearing, considering both motions. Id. Because the father did not timely controvert
the grounds of the transfer, the Vara Court found that the trial court had no discretion
but to transfer the case and abused its discretion when it ruled on the father's vexatious
litigation motion. Id. at 4
Similarly, in this case, not only did the O'Dells file their controverting affidavit
after the deadline to file and after the trial court had rendered on the transfer, but their
affidavit did not controvert the grounds for the transfer as alleged in the motion. (App.
D, App. 0) As ofNovember 16, 2015, 5 the trial court had a mandatory duty to transfer
the case to Montgomery County and no hearing was necessary. See Tex. Fam. Code
§155.204(c)-(d). Even though ahearing was set on November 17, 2015 to effectuate
the transfer, that hearing was not necessary. 6 Ruling after November 16, 2015, on the
O'Dells' ad Litem motion was an abuse of discretion. See Vara, 2014 Tex. App. LEXIS
7872.
Moreover, the reappointment of the attorney ad Litem was not a ruling on
temporary orders pending the transfer, as the court had denied the transfer, and the
appointment of the ad Litem was not on a temporary basis. See Tex. Fam. Code
§ 155.005; see also Silverman v. Johnson, 317 S.W.3d 846, 849 (Tex.App.-Austin,
5
November 16, 2015 was the Monday after the expiration of20 days for a controverting affidavit to be
filed.
6
Natalie Yates actually contacted Lauren Allen telling her the court had sua sponte set a hearing on the
ad !item issue and asked if they should also set the Motion to Transfer on the same day. (App. S)
Lauren Allen then filed the Notice of Hearing after emailing with the court's personnel. This was
probably done because when Mrs. Allen found out about the order appointing the ad Litem, she
contacted the Court asking if a hearing had been set and asked how the order had been signed.
14
2010)(no pet.)(Holding under a mandatory transfer, it was an abuse for the trial court to
make a decision that was permanent to the case, and not a temporary order) On the facts
of this case, the trial court had a statutory, mandatory duty to transfer venue and it
lacked the discretion to make any further rulings in the case. See id; see also Vara,
2014 Tex. App.LEXIS 7872 at 4-5. It was an abuse of discretion for the trial court to
(1) appoint the ad Litem on November 10, 2015 without a hearing first, (App. I) and
then another abuse of discretion for (2) reappointing the ad Litem on November 17,
2015. (App. N)
Because this case presents a mandatory transfer, it should be the discretion of
Montgomery County to determine whether an amicus attorney or attorney ad litem is
needed for the child. If the court deems that necessary, a Montgomery County attorney
should be appointed to save Relator costs the ad litem will charge. Having a Harris
County attorney ad Litem, who on the record already voiced her objections to
Montgomery County, (RR. 6-7), and whom the O'Dells already argued would be
inconvenienced by traveling to Montgomery County, (App. 0), Relator would be
harmed by the appointment of the Attorney ad Litem. The trial court abused its
discretion in not transferring the case and in appointing the Attorney ad Litem.
PRAYER FOR RELIEF
Relator respectfully requests this court to issue mandamus relief against the
313th Judicial District Court of Harris County, Texas.
15
RESPECTFULLY SUBMITTED,
LAW OFFICE OF JOHN E. CHOATE, JR.
116WLEWIS
CONROE, TX 77301
Lauren@ConroeLawOffice.com
Tel (936) 441-2999
Fax (936) 788-5670
HN E. CHOATE, JR.
Texas Bar No. 00793503
LAUREN H. ALLEN
Texas Bar No. 24080764
CERTIFICATE OF SERVICE
I hereby certify that true and correct copies of the foregoing instrument
were mailed to the Respondent and counsel for the real parties in interest on
the date of filing the original with the Clerk of this Court.
16
VERIFICATION
BEFORE ME the undersigned authority this date personally appeared
LAUREN H. ALLEN, who after being sworn by me did state upon her oath the
following:
I, LAUREN H. ALLEN, do hereby swear and affirm that the facts stated
within this Writ of Mandamus are true and correct based on my personal
knowledge.
}\ SUB~CRIBED AND SWORN TO before me this ud
+- day of
_Jj f [WJ/l~f 2015.
~,~-;_~!/'f.~~,,,, JENNIFER HAYDEN
f ..~;::xs~~ Notary Public . State 01 Texas
~ ....;.~•.:.,§ My Commission Expires
--..,;::1,··c,r~,~fl"
,,,..,, July 09. 2018
17
APPENDICES
Appendix A - Reporter's Record ................................................................................... A-1
Appendix B-Tex. Fam. Code §155.201 ...................................................................... B-1
Appendix C - Tex. Fam. Code §155.204 ...................................................................... C-1
Appendix D-Motion to Transfer .................................................................................. D-1
Appendix E - Petition to Modify the Parent-Child Relationship .................................. E-1
Appendix F - Citation Return for Ronald O'Dell. .........................................................F-1
Appendix G - Citation Return for Judy O'Dell.. ........................................................... G-1
Appendix H-Respondent's Motion for Reappointment of Attorney Ad Litem ..........H-1
Appendix I - Order Appointing Attorney Ad Litem ...................................................... .I-1
Appendix J - Notice of Hearing...................................................................................... J-1
Appendix K - Proposed Order Transferring the SAPCR..............................................K-1
Appendix L - Proposed Order Withdrawing Appointment of Ad Litem for Child .......L-1
Appendix M - Order Denying the Transfer..................................................................M-1
Appendix N - Order Appointing Attorney Ad Litem ....................................................N-1
Appendix 0-Respondent's Controverting Affidavit. .................................................. 0-1
Appendix P - Proposed Order Denying Petitioner's Motion to Transfer.......................P-1
Appendix Q- Motion Objecting to Respondent's Controverting Affidavit and Motion
Objecting to Respondent's Proposed Order ................................................................... Q-1
Appendix R- June 2013 Order in Suit Affecting the Parent-Child Relationship .........R-1
Appendix S - l 1-13-15Email from the trial court .......................................................... 8-1
18
Appendix A - Reporter's Record
A-1
1
1 REPORTER'S RECORD
VOLUME 1 OF 1 VOLUME
2 CAUSE NO. 2012-01222J
APPELLATE COURT CAUSE NO.
3
4
5 IN THE INTEREST OF ) IN THE DISTRICT COURT OF
)
6 )
) HARRIS COUNTY, TEXAS
7 )
)
8 A CHILD ) 313TH JUDICIAL DISTRICT
9
10
11
12 SPECIAL HEARING
13
14
15 On the 17h day of November, 2015, the fo11owing
16 proceedings came on to be he1d in the above-entit1ed and
17 numbered cause before the Honorab1e G1enn Dev1in, Judge
18 Presiding, he1d in Houston, Harris County, Texas.
19 Proceedings reported by computerized stenotype machine.
20
21
22
23
24
25
JILL BARTEK, CSR 313TH DISTRICT COURT (713) 222-4906
2
1 APPEARANCES
2
3 MS. LAUREN ALLEN
SBOT NO. 24080764
4 Law Office of John E. Choate, Jr.
116 W. Lewis St.
5 Conroe, Texas 77301
Telephone: (936) 441-2999
6 Fax: (936) 788-5670
Attorney for Respondents
7
8
MS. ELAINA BUTEL
9 Law Office of Butel & Pickett
SBOT NO. 24072014.
10 2222 Bissonnet Street, Suite 203
Houston, Texas 77005
11 Telephone: (713) 589-7140
Local Counsel for Respondents
12
13
14 MR. GARY POLLAND
Polland & Associates
15 SBOT NO. 16095800
2211 Norfolk St. Ste. 920
16 Houston, Texas 77098
Telephone: (713) 621-6335
17 Attorney Ad Litem for Child, E~ P • • •
18
19
20
21
22
23
24
25
JILL BARTEK, CSR 313TH DISTRICT CO.URT ( 713) 222-4 90 6
3
1 P R 0 C E E D I N G S
2 THE COURT: 2012-1222J, present before the
3 Court -- who are you Gary?
4 MR. POLLAND: I represent the parents -- well,
5 the grandparents, who have placement.
6 THE COURT: Present before the Court is attorney
7 for placement, and I think you said you're the grandparents'
8 attorney?
9 MS. ALLEN: They're actually not grandparents,
10 they're aunt and uncle.
11 MR. POLLAND: Aunt and uncle.
12 THE COURT: Aunt and uncle.
13 MR. POLLAND: They were awarded PMC by this
14 Court.
15 THE COURT: Yes, ma'am.
16 MS. ALLEN: Lauren Allen, I am here on behalf of
17 the mother.
18 THE COURT: The mother's attorney.
19 MS. ALLEN: Callie Sheard.
20 THE COURT: I'm Elaina Butel, I'm acting as
21 local counsel for Ms. Allen.
22 THE COURT: Hey, please be quiet, I can't hear
23 up here.
24 MS. CROW: I'm Julie Crow, I was noticed as the
25 · amicus and -- .ad litem in the previous case and the ad litem in
JILL BARTEK, CSR ·313TH DISTRICT COURT ( 713) 222-4 906
4
1 this case.
2 THE COURT: So, now, who called this hearing?
3 Ms. Allen did?
4 MS. ALLEN: Well, actually, the Court emailed me
5 and set my motion for transfer as well as their motion to
6 re-appoint the ad litem.
7 THE COURT: Who wants to go first?
8 MS. ALLEN: I'll go first, Judge.
9 MR. POLLAND: Well, I would like to go first
10 before her.
11 MS. ALLEN: I think it makes no --
12 THE COURT: Doesn't matter.
13 MR. POLLAND: I disagree. Because once it's
14 transferred, you lose jurisdiction.
15 THE COURT: I understand that, Gary.
16 MR. POLLAND: So, I think I should go first.
17 We've asked that Juli Crow be re-appointed as amicus in the
18 case. And both sides
19 THE COURT: Are you opposed to me appointing Ms.
20 Crow?
21 MS. ALLEN: Well, Judge, the order was actually
22 already signed with no notice to me, so I'm opposed to that
23 order. I think if the case is transferred to Montgomery County
24 under the mandatory transfer provision, I don't think it would
25 make sense for the parties to have to pay a Harris County
JILL BARTEK, CSR 313TH DISTRICT COURT (713) 222-4906
5
1 attorney to go to Montgomery County. I'm not saying that I am
2 opposed to an ad litem, period. I just think it doesn't make
3 sense for a Harris County ad litem.
4 MR. POLLAND: And my argument would be that it
5 is not a Harris County ad litem. The reason Ms. Crow should be
6 brought back, Judge, is she has all of the institutional
7 knowledge of the case and she was the only lawyer involved, of
8 this group, that was involved in this case all the way back to
9 the beginning.
10 THE COURT: Juli, you are appointed as ad litem.
11 MS. CROW: Thank you.
12 THE COURT: But you had notice for this hearing,
13 right?
14 MS. ALLEN: I did have notice of today. Yes,
15 sir.
16 THE COURT: By God, I got a new order I signed
17 just for you.
18 MS. ALLEN: I appreciate that, Judge.
19 THE COURT: No problem.
20 MS. ALLEN: And second, Judge, is my motion to
21 transfer.
22 THE COURT: Okay.
23 MS. ALLEN: The child has been living with the
24 aunt and uncle in Montgomery County for over two years. So,
25 under Section 155.201(b) it would be a mandatory transfer to
JILL BARTEK, CSR 313TH DISTRICT COURT (713) 222-4906
6
1 Montgomery County. So, I'm asking -- it's the convenience to
2 the respondents. That's where they live. They're the ones who
3 moved the child there, and we're asking the Court to transfer
4 the case to Montgomery County.
5 MR. POLLAND: Well, under those circumstances
6 it's related to the convenience of the respondents, and I we
7 do not want the case transferred, Judge. We would prefer the
8 case stay here because the Court also has knowledge of the
9 background of the case since this case originated as a CPS
10 case. And the added benefit, if it stays here, then Ms. Butel
11 can also stay on the case and work on it which is a positive in
12 my mind.
13 THE COURT: Who's the judge of Montgomery
14 County? Cathy?
15 MS. ALLEN: We have a bunch of different
16 specialized family law court's now. So, we've got Judge
17 Gilbert in the 14th, Judge McDonald in the county court, Judge
18 Mayes, there's
19 THE COURT: Judge Mayes is still there?
20 MS. ALLEN: He's.actually not running for the
21 Bench again, but he has been there for 20 years, same Bench.
22 THE COURT: Juli, do you have an opinion?
23 MS. CROW: Your Honor, just because of my I
24 '
have traveled to Montgomery County for cases that have been
25 transferred before, and it was a nightmare. I would much
JILL BARTEK, CSR 313TH DISTRICT COURT (713) 222-4 90 6
7
1 prefer it stay here.
2 MS. ALLEN: Judge, and if I can add -- well,
3 under Section 155.204 of the Code, if you don't file a
4 controverting affidavit within the answer period, then it's --
5 that, again, is a mandatory transfer, so -- not only does the
6 Code date the mandatory, but no controverting affidavits were
7 filed, and we'd ask that it be transferred to Montgomery
8 County.
9 THE COURT: Motion to transfer denied. Case is
10 reset to when? When would you like to come back and argue some
11 more?
12 MS. ALLEN: Well, Judge --
13 THE COURT: She is taking all of this down, so
14 you can --
15 MS. ALLEN: I don't have my calendar in front of
16 me, but I guess we can notice up a temporary orders hearing.
17 MR. POLLAND: That's fine. The attorneys can
18 confer and come up with a date that works. I'm fine with that.
19 MS. ALLEN: Thank you, Your Honor.
20 THE COURT: Good to see you.
21 MR. POLLAND: Thank you, Judge.
22 MS. ALLEN: Thank you.
23 (Hearing concluded.)
24
25
JILL BARTEK, CSR 313TH DISTRICT COURT (713) 222-4906
8
1 STATE OF TEXAS
2 COUNTY OF HARRIS
3
4 I, Jill Bartek, Official Court Reporter in and for the
5 313th District Court of Harris, State of Texas, do hereby
6 certify that the above and foregoing contains a true and
7 correct transcription of all portions of evidence and other
8 proceedings requested in writing by counsel for the parties to
9 be included in this volume of the Reporter's Record in the
10 above-styled and numbered cause, all of which occurred in open
11 court or in chambers and were reported by me.
12 I further certify that this Reporter's Record of the
13 proceedings truly and correctly reflects the exhibits, if any,
14 offered by the respective parties.
15 WITNESS MY OFFICIAL HAND on this the 30th day of
16 November, 2015.
17
18
19 /s/Jill Bartek, CSR
20 Jill Bartek, CSR
Texas CSR 5065
21 Official Court Reporter
313th District Court
22 Harris ·County, Texas
1200 Congress, 5th Floor
23 Houston, Texas 77002
Telephone: 713-222-4900
24 Expiration: 12/31/2015
25
JILL BARTEK, CSR 313TH DISTRICT COURT (713) 222-4906
Appendix B -Tex. Fam. Code §155.201
B-1
Tex. Fam. Code§ 155.201
This document is current tln·ough the 2015 regular session, 84tl1 Legislaiure, Chapters: 3-11, 13-20,
22-32, 34-46, 48, 51-62, 63-68, 70-81, 83, 85-96, 98-99, 101-102, 104-105, 107-112, 114, 116-130,
132-134, 136-141, 143-149, 151-156, 158-159, 161, 163, 165-172, 174, 176, 178-180, 182, 184,
186-200, 202-207, 209-224, 227, 229-234, 236-241, 244-248, 251-252, 254-255, 257-261, 263-268,
270-287, 289-295, 297-300, 302-311, 314, 316-322, 325, 327-328, 333, 335-358, 360-363,
365-367, 369-373, 375-381, 383-393, 395-400, 402-407, 409-414, 416-421, 423-424, 426-428,
430-434, 436, 439-447, 449-456, 458-464, 466-468, 472-479, 482-487, 489-495, 497-504, 506-514,
516-526, 528-531, 533-540, 542-548, 550-553, 555-556, 558-560, 563-568, 570, 572-576, 578-584,
586-590, 592-596, 600-601, 605-611, 613-614, 616-622, 624, 626, 628-629,' 631-646, 648,
650-662, 664-665, 667-671, 673-683, 685-686, 688-696, 698, 700-702, 704-705, 707, 709,
711-712, 714-715, 717-718, 720, 722-728, 730-733, 735, 737-751, 753-764, 767-769, 771-776,
778-786, 788-796, 798-811. 813-820, 822-825, 827-835, 839-840, 842-844, 848-853, 856-859,
861-869, 871, 874-876, 879-884, 886-887, 889-895, 897-907, 909, 912-914, 916-923, 926-928,
930, 933, 936-937, 939, 941-943, 947, 951-954, 956, 958-961, 963-965, 967-978, 980-983,
986-988, 990-991, 994-999, 1001, 1003, 1005-1008, 1010, 1012-1022, 1024-1030, 1033-1036,
1038-1043, 1045, 1047, 1049-1052, 1056-1064, 1066, 1069, 1071-1072, 1077-1078, 1081-1087,
1090-1093, 1095-1103, 1105-1107, 1110-1116, 1118-1125, 1127-1130, 1132-1137, 1140, 1142-1147,
1149-1152, 1154-1156, 1159-1160, 1162-1167, 1169, 1171-1172, 1174-1177, 1180-1181, 1184-1190,
1192, 1194-1202, 1204-1205, 1207-1210, 1212-1213, 1216, 1218, 1220-1221, 1223-1224,
1226-1235, 1237-1241, 1245-1250, 1253-1254, 1256, 1258-1260, 1263-1267, 1269-1270,
1274-1275, 1277, 1282
Tex:asstatutes& CodesAnnotated by Lex:isNex:is® >Texas Family Code > TitleSTheParent-Child
Relationship and the SUit Affecting the Parent-Child Relationship > subtitle B SI.lits Affecting the
Parent-Child Relationship > Chapter 155.Continuing, Exclusive Jurisdiction; Transfer > SUbchapter
C Transfer of ConUnuing, Exclusive Jurisdiction
SE:c. 155.201. Mandatory Transfer.
(a) On the filing of a motion showing tl1at a suit for dissolution of the mruriage of the child's
parents has been filed in another court and requesting a transfer to that court, the court having
contiuning, exclusive jurisdiction of a suit affecting the imrent-chilcl relationship shall, ·within
the time required by Section 155.204, transfer !he proceedings to the conrt in which the
dissolution of the marriage is pending. The motion must comply with the requirements of
Section 155.204(a) .
.(b) If a suit to modify or a motion to enforce an order is filed iu the court having continuing,
exclusive jurisdiction of a- suit, on the timely motion of a party the court shall, \vithin the time
required by Section 155.204, transfer the proceeding to another county in this state ifthe child
has resided in the other county for six months m- longer.
(c) If a suit to modify or a motion to enforce an order is pending at the time a subsequent suit to .
modify or motion to enforce is filed, the court may transfer fue proceeding as provided by
Subsection (b) onlyifthe court could have transfeU'ed the proceeding at the time the first motion
or suit was filed.
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Page 2 of 2
Tex. Fam. Code § 155.201
History
Enacted by Acts 1995, ?4th Leg., ch. 20 (H.B. 655), § 1, effective April 20, 1995; am. Acts 1999,
?6th Leg., ch. 1135 (H.B. 3786), § I, effective September 1, 1999; am. Acts 2005, 79th Leg., ch.
916 (H.B. 260), § 14, effective June.18, 2005.
Texas Statutes & Codes Annotated by LexisNexis®
Copyright «::> 2015 Matthew Bender & Company, lnc.
a member of the LexisNexis Group. All rights reserved.
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Appendix C-Tex. Fam. Code §155.204
C-1
Tex. Fam. Code§ 155.204
This document is current tl.irough the2015 regular session, 84th Legislature, C'J1apters: 3-11; 13-20,
22-32, 34-46, 48, 51-62, 63-68, 70-81, 83, 85-96, 98-99, 101-102, 104-105, 107-112, 114, 116-130,
132-134, 136-141, 143-149, 151-156, 158-159, 161, 163, 165-172, 174, 176, 178-180, 182, 184,
186-200, 202-207, 209-224, 227, 229-234, 236-241, 244-248, 251-252, 254-255, 257-261, 263-268,
270-287, 289-295, 297-300, 302-311, 314, 316-322, 325, 327-328, 333, 335-358, 360-363,
365-367, 369-373, 375-381, 383-393, 395-400, 402-407, 409-414, 416-421, 423-424, 426-428,
430-434, 436, 439-447, 449-456, 458-464, 466-468, 472-479, 482-487, 489-495, 497-504, 506-514,
516-526, 528-531, 533-540, 542-548, 550-553, 555-556, 558-560, 563-568, 570, 572-576, 578-584,
586-590, 592-596, 600-601, 605-611, 613-614, 616-622, 624, 626, 628-629, 631-646, 648,
650-662, 664-665, 667-671, 673-683, 685-686, 688-696, 698, 700-702, 704-705, 707, 709,
711-712, 714-715, 717-718, 720, 722-728, 730-733, 735, 737-751, 753-764, 767-769, 771-776,
778-786, 788-796, 798-811, 813-820, 822-825, 827-835, 839-840, 842-844, 848-853, 856-859,
861-869, 871, 874-876, 879-884, 886-887, 889-895, 897-907, 909, 912-914, 916-923, 926-928,
930, 933, 936-937, 939, 941-943, 947, 951-954, 956, 958-961, 963-965, 967-978, 980~983,
986-988, 990-991, 994-999, 1001, 1003, 1005-1008, 1010, 1012-1022, 1024-1030, 1033-1036,
1038-1043, 1045, 1047, 1049-1052, 1056-1064, 1066, 1069, 1071-1072, 1077-1078, 1081-1087,
1090-1093, 1095-1103, 1105-1107, 1110-1116, 1118-1125, 1127-1130, 1132-1137, 1140, 1142-1147,
1149-1152, 1154-1156, 1159-1160, 1162-1167, 1169, 1171-1172, 1174-1177, 1180-1181, 1184-1190,
1192, 1194-1202, 1204-1205, 1207-1210, 1212-1213, 1216, 1218, 1220-1221, 1223-1224,
1226-1235, 1237-1241, 1245-1250, 1253-1254, 1256, 1258-1260, 1263-1267, 1269-1270,
1274-1275, 1277, 1282
Texas Statutes & Codes Annotated by LexisNexisID > Texas Family Code > Title 5 The Parent-Child
Relationship and the Si.lit Affecting the Parent-Child Relationship > Sl.lbtitle B SI.lits Affecting the
Parent-Child Relationship > Chapter 155 Continuing, Exclusive Jurisdiction; Transfer > Sl.lbchapter
C Transfer of Continuing, Exclusive Jurisdiction
Sec. 155.204. Proce:lure for Transfer.
(a) A motion to transfer under Section 155.20l(a) may be filed at any time. The motion mnst
contain a certification that all other parties, including the attorney general, if applicable, have
been infonned of the filing of the motion.
(b) Except as provided by Subsection (a) or Section 262.203, a motion to transfer by a petitioner
or movant is timely if it is made at the time the initial pleadings are filed. A motion to transfer
by another party is timely if it is made on or before the first Monday after the 20th day after the
date of service of citation or notice of the suit or before the commencement of the hearing,
whichever is sooner.
(c) If a timely motion to transfer has been filed and no controverting affidavit is filed within the
period allowed for its filing, the proceeding shall, not later than the 21st day after the fmal date
of the period allowed for the filing of a controverting affidavit, be transferred without a hearing
to the proper cotui.
(d) On or before tl1e first Monday after the 20111 day after the elate of notice of a motiO!I to transfer
is served,. a party desiring to contest the motion must file a controverting affidavit denying tliat
grounds for the transfer exist
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Page 2 of2
Tex. Fam. Code § 155.204
(e) If a controverting affidavit contesting the motion to transfer is filed, each party is entitled to
notice not less than 10 days before the date of the heai.ing on the motion to transfer.
(f) Only evidence pertaining to the transfer may be taken at the hearing.
(g) If the court finds after the hearing on the motion to transfer that grounds for the transfer exist,
the proceeding shall be transferred to the proper comi not later than the 21st day after the date
the hearing is concluded.
(h) An order transferring or refusing to transfer the proceeding is not subject to interlocutory
appeal
(i) If a transfer order has been signed by a court exercising jmisdiction under Chapter 262, a party
may file the transfer order with the clerk of the court of continuing, exclusive jurisdiction. On
receipt and without a heai.ing, the clerk of tile court of continuing, exclusive jurisdiction shall
transfer the ftles as provided by this subchapter.
History
Enacted by Acts 1995, 74th Leg., ch. 20 (H.B. 655), § I, effective April 20, 1995; am. Acts 1999,
76th Leg., ch. 1150 (H.B. 3838), § 1, effective September 1, 1999; am. Acts 1999, 76th Leg., ch.
1390 (R_B_ 1622), § 14, effective September 1, 1999; am. Acts 2005, 79th Leg.., ch. 916 (H.B.
260), § 15, effective June 18, 2005.
Texas StaJ.utes & Codes Annotated by LexisNexis®
Copyright© 2015 Matthew Bender & Company, Inc.
a member of the Lex.is.N"exis Group. All rights reserved.
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Appendix D - Motion to Transfer
D-1
. ,,: .·
10/8/2015 2:23:26 PM
Chris Daniel - District Clerk Harris County
Envelope No. 7292481
By: LONNA EVERS
Filed: 10/8/2015 2:23:26 PM
J;NTHEJNTEREST 01' *§ XN ·nm DISTRICT CQFRT
§ J13 ,JlJDIClAL DISTRICT
§
§ H:,&..ltfHSCOtTNTY, TEXAS
MOTION TO TRANSFER
TI1is Mt1tio1i to Transfer is brought by CALLIE LYNN SHEARD, :Petiifoner, wbo
req·· uests tl'ansfer ofihis proceeding.
·:i: ......
1. Jitris(iictio11
. This Court has acauited atid retains c6ntinut~g; e-;.;clusiw jurisdiction of this suit and .of
foe ¢lu1d the subjectofthls su.it 1"~ a resWt of prior proceedings.
111e principal residence of the phild is in Montgoiil<;ry County, Texas, and has been in
tha'[count_y during the six·i"rto;1tl) period prec?dii1g the C\1n1mencement of this suit Vet\tle is
ptoreedn that county. ·
$. Prayer
·CALLJELYNN SHEL\RD prays t!iat notice ·b.e issued as rcqtdred by law. CA!LIE
LYNN SFIBARD prays tl:rnt the Cow'l order the tra!)s:fer ofihis proceeding in accordance. wi.th
t!Je alJegl,iti()ns of this motiqn. ·
CALL1E L'TNN SHfu\Rffprays.forgeneti·'./ .//''/·j.~·f<
/ / "' " /'YJ/,· • ,
""'.·. / /i i{/j<7·'l'.7.
f..1/7
/,.-if;
.'/
0
t._ZA,7 ______
. ·. _,__
Br/ 1\/1>1~&:-"_._,,_/~·~u ,,,_,_P,,,_/_.
'L,auren H. Allen
State Har No, 24080764
Lam<:in@ConroeLawOffice.co1n.
- CALdb
i\.ttomey tor . · ' ' ...,- 'S., .H..E'
L:Y.,'iN ""'
rv:wJ
r cehify th:at4 tnie.copy.ohhe will b;o served on .each al1QJ)WY of record in <1ccordance
t\'itlttheTexas lh1]('\s of Civil P!'ocedtm\ by !laving the ;;;ivil proqcss server, David Lanoue or bis
.· a.~ent, serve the parties withcit~tion(s) and a copy oftbfa motion, as wiH b;o duly noted qn tlw
ret:qpl filed with this court.
/'
.tq/I!l
//)! J '
4/
l/f/:~f
I l_Al/f' -{.4-:.1 $-4:-t!/''k:-~;;:'~¥
j. J' t V"" Vt-'" 'L--:~~· .~ ..i:_ ..--<;._~=-~----
0Laurel) H. Allen ·
Atim'ney for CALLIE LY1'<'N SHEA.RD
I, Chris Daniel, District Clerk of Harris
Coun~;, Texas certifi; that this is a trne and
correct copy of the original record filed and or
recorded in my office, electronically or hard
copy, as it appears on this date.
\/Jitness my official hand and seal of office
this November 25 2015
Certified Document Number: 67406616
Chris DanieL DISTRICT CLERK
HARRIS COUNTY, TEXAS
In accordance with Texas Governm.ent Code 406.013 electronically transmitted authenticated
docmnents are valid. If there is a question regarding the validity of this document and or seal
please e-mail support@hcdistrictclerk.com
·-·---~-.~~---~---------------
Appendix E - Petition to Modify Parent-Child Relationship
E-1
10/13/2015 10:20:10 AM
Chris Daniel - District Clerk Harris County
Envelope No. 7344723
By: CRISTINA ALARCON
Filed: 10/13/201510:20:10 AM
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
NO. 2012-Q1222J
IN THE INTEREST OF § IN THE DISTRICT COURT
§
§ 313 JUDICIAL DISTRICT
§
A CHILD § HARRIS 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 CALLIE LYNN SHEARD, Petitioner.
The last three numbers of CALLIE LYNN SHEARD's driver's license number are- The last
three numbers of CALLIE LYNN SHEARD's Social Security number are•.
Petitioner is the mother of the child and has standing to bring this suit. The requested
modification will be in the best interest of the child.
Respondents are JUDY O'DELL and RONALD O'DELL.
The order to be modified is entitled "DECREE FOR TERMINATION AS TO THE
FATHER, J - P - A N D DECREE IN SUIT AFFECTING THE PARTENT-CHILD
REALTIONSHIP AS TO THE MOTI-IER, CALLIE ANDERSON AKA CALLYE ANDERSON
AKA CALLIE LYNN SHEARD" and was rendered on June 18, 2013.
3. Jurisdiction Seeking Transfer
This Court has continuing, exclusive jurisdiction of this suit. However, a transfer is
being sought transferring this case to Montgomery County, Texas under mandatory venue
provisions.
4. Child
The following child is the subject of this suit:
Name: E-~p_,
Sex: Male
In the Interest ofP -
Original Petition to Modify Page 1
Birth date: -
County ofresidence: Montgomery
5. Parties Affected
The following parties may be affected by tills suit:
Name: JUDY O'DELL
Relationship: maternal great aunt
Process should be served.
Name: RONALD O'DELL
Relationship: maternal great uncle
Process should be served.
6. Child's Property
There has been no change of consequence in the status of the child's property since the
prior order was rendered.
7. Modification ofC011servatorship, Possession and Access
The order to be modified is not based on a mediated or collaborative law 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 the date of rendition of the order to
be modified.
Conservatorship:
Petitioner request
s that she be appointed as the sole managing conservator of the child, or in the alternative,
as a joint managing conservator of the child with the right to designate the primary
residence of the child.
The Respondents should be removed as conservators, or in the alternative, be
named possessory conservators.
Rights & Duties:
Petitioner requests that the rights and duties of the respective conservators of the
child be modified to provide as follows:
Petitioner should have the following rights:
1. the right to receive information from any other conservator of the
children concerning the health, education, and welfare of the
children;
In the Interest ofP -
Original Petition to Modify Page 2
2. the right to confer with the other parent to the extent possible
before making a decision concerning the health, education, and
welfare of the children;
3. the right of access to medical, dental, psychological, and
educational records of the children;
4. the right to consult with a physician, dentist, or psychologist of the
children;
5. the right to consult with school officials concerning the chilcken's
welfare and educational status, including school activities;
6. the right to attend school activities;
7. the right to be designated on the children's records as a person to
be notified in case of an emergency;
8.
the right to consent to medical, dental, and surgical treatment
during an emergency involving an immediate danger to the health
and safety of the children; and
9. the right to manage the estates of the children to the extent the
estates have been created by the parent or the parent's family.
Petitioner should have the following rights and duties:
10. the duty of care, control, protection, and reasonable discipline of
the children;
11. the duty to support the children, including providing the children
with clothing, food, shelter, and medical and dental care not
involving an invasive procedure;
12. the right to consent for the children to medical and dental care not
involving an invasive procedure; and
13. the right to direct the moral and religious training of the children.
Petitioner should have the following rights, to be exercised exclusively by
Petitioner, and in the alternative, independently:
14. The right to designate the child's primary residence;
15. The right to select which school or schools the child will attend
In the Interest ofP -
01iginal Petition to Modify Page 3
and make other educational decisions;
16. The right to consent to medical and dental treatment involving
invasive procedures in situations not constituting an emergency;
17. The right to consent to medical treatment involving invasive
procedures in an emergency;
18. The right to consent to psychological and psychiatric treatment for
the child;
19. The right to represent the child in legal proceedings
20. The right to represent the child when the child's action is required
by an agency of the government of the United States, one of its
states or territories, or a foreign government;
21. The right to consent to marriage and enlistment in the am1ed
forces;
22. The right to the services and earnings of the child; and
23. 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
Possession & Access:
Petitioner believes that the parties will enter into a written agreement containing
provisions for modification of the order providing for possession of and access to the
child. If the parties do not reach an agreement, the Court should render such an order
that is in the best interest of the child, ensuring frequent and continuing contact with his
mother, and, if the Court feels it is necessary, giving the Respondents visitation with the
child of one weekend per month for a period of six months to be stepped-down with no
court ordered periods of visitation.
The requested modification is in the best interest of the child.
8. Req_uestfor Attorney's Fees, Expenses, Costs, and Interest
It was necessary for Petitioner to secure the services of Lauren H. Allen, 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
Jn the Interest of
Original Petition to Modify Page4
.1. Prayer
. Petitio(\ef: prays thaJ citadon mid no)ic,e issue afrequired by la\v and that the C\mrt enter
its nrdetsin ac;cordnnce \-\i,tll fae allegations contained in this petition.
P\ltitionerprays for attorney's foe$, e:tpcnses, ctist~. and interest as. tequested ahlive.
R.espectfully $l1\:ii1tit1i,"i:l,
Law Otllc;~ of John.E. Choate
l J6 \Vest Le'\\~s
Conrol\ TX 77301
Tel: (936) 441-2999
f(lX: (93(\) :J,~8-567()
/!i
,,<
A~/ !l ,lj//'
/ \l.J'l[j1t1 ' ' h'- f 1£.f /
B{/ . i ( l".c..U.f·,,-·{.~} l f,·'p'i.>1.~-·L
I.:anrei1 U. AU~n
State Bar No.24080764
Lauren@ContocI,awOffice.coin
Attorney forPetitiai1er
l."
'
x-;,.-,.r-!1-f-ln-.-,e-.n-··s_{_i.1_f_f._.-.-.-.- - . ··-··-·-····----.·-····-···~-----·
Odginal Pditfon to Modi:(y
...
I, Chris Daniel, District Clerk of Harris
County, Texas certif; that this is a true and
correct copy of the original record filed and or
recorded in my office, electronically or hard
copy, as it appears on this date.
Witness my official hand and seal of office
this November 25 2015
Certified Document Number: 67453924
Chris Daniel DISTRICT CLERK
HARRIS COUNTY, TEXAS
In accordance with Texas Govenunent Code 406.013 electronically tnmsmitted authenticated
documents are valid. If there is a question regarding the validity of this document and or seal
please e-mail support@ltcdistrictclerk.com
Appendix F-Citation Return on Ronald O'Dell
F-1
11/2/201512:15:43 PM
Chris Danie! - District Clerk Harris County
Envelope No. 7637693
CAUSE NO. 20l20J,?.22J By: STACEY RILEY
Filed: 11/2/201512:15:43 PM
RECEIPT NO. 0.00 CIV
********** 'l'R 82446619
PLAINTIFF: TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES In The 313th
vs. Judicial District Court
DEFENDANT: ANDERSON, CALLIE of Harris County, Texas
313TH DISTRICT COORT
Houston TX
CITATION
THF. STATR OF TEXAS
County of Harris
TO: O'DELL, RONALD
24223 EVERGREEN RD PORTER TX 77365
Attached is a copy of MOTION 'l'O TRANSFER
This instrument was filed on the 13th day of October. 2015, in the above cited cause number
and court. The instrument attached describes the claim against you.
YOU HAVE BEEN SUED, You may emp1oy an attorney_ If you or your attorney do not file a
written answer with !;he District clerk who issued this citation by 10:00 a.m. on the Monday
next following the expiration of 20 days after you were served this citation and petition,
a default judgment may be taken against you.
TO OFFICER SERVING:
This citation was issued on 20th day of October, 2015, under my hand and
seal of said court.
Issued at request Of:
.. . .r~~::~~?;<;··\
l ~/· ..... C'loCHRIS ~~[~ Clerk
/1~~- ~ //) • A
ALLBN, LAUREN H f 8 (~\ -¥hrr;ls county 1 'l'exas
116 WE:ST LEWIS
CONROE, TX 77301
~~ \, N
\'i-d-\.. ,
j ~~1 Caroline J:loust.on, Texas 77002
....lh:...,,pi?.o. Box 4-651, Houston, Texas 77210)
.... 'o *
Tel: (936} 441.-.2999 -. :•clock ~p.._.M., on the~ day of 17c,-:zf:l.Jd1
';l.rrJ.{ by del:i.ve;t;';i.ng to i .I/'
defendant, in person, a
true copy of this Citation togethe with the,accom!}~in~~ copy(ies) of the
• 1lA 17' (j I; A f
V /". f AZ, //
attached thereto and I endorsed o~sikid cdpy of t~~~ita idii 'th q,_ate !!elivery.
Pe ti ti on,
.i..;. Ir""
To certify which I affix my hand officially this .du...J__ day of O"(ilb/J_'-L.( I 4k::)-·
"""0
Fee:$ _ _ _ __
_ _ _ of _ _ _ _ _ County, 'I'exas
on. this day, DM/t? lt/JN"()ljE.. , known to me to be the person whose
signature appears on the foregoing return, personally appeared _ After being by me duly sworn,'
he/she stated that this citation was executed by him/her in the exact manner recited on the
return. j
SWORN TO AND SUB""'S"'C"RI"B:'E"D""'BE"'F"'O"'RE=ME=,~on this dO day, of~£/L ~ .J>J'S.
~~L-
Norcuy PubUc, Stole 01 Teicos
MyComml~lon EXlllres
-~
~ ~ ~
!: ub
May 12, 20.19
"·'
--- ---~----------------
.'
I, Chris Daniel, District Clerk of Harris
Count<;, Texas certify that this is a true and
correct copy of the original record filed and or
recorded in my office, electronically or hard
copy, as it appears on this date.
Witness my official hand and seal of office
this November 25 2015
Certified Document Number: 67699030
Chris Daniel DISTRICT CLERK
HARRIS COUNTY, TEXAS
In accordance with Texas Govenunent Code 406.013 electronically transmitted authenticated
docmnents are valid. If there is a question regarding the validity of this document and or seal
please e-mail suppoit@hcdistJ:ictclerk.com
Appendix H - Respondent's Motion for Reappointment of
Attorney Ad Litem for Child
H-1
--·----------- -------·-------..,...--~------~--·~·-·-·---
- -------------=----- ------ - - -~------- ~---~ ----- ----~--
11/6/2015 4:52:15 PM
Chris Danie! - District Clerk Harris County
Envelope No. 7730534
By: STACEY RILEY
Filed: 11/6/2015 4:52:15 PM
CAUSE NO. 2012-01222J
IN THE INTEREST OF § IN THE DISTRICT COURT OF
§
§ HARRIS COUNTY, TEXAS
§
CHILD § 313TH JUDICIAL DISTRICT
RESPONDENTS' MOTION FOR REAPPOINTMENT OF ATTORNEY AD
LITEM FOR CHILD
Respondents, JUDY O'DELL and RONALD O'DELL ("Respondents") ask the
Court to rn-appoint the Attorney Ad Litem for the Child the subject of this suit in
this case, as authorized by Texas Family Code section 107.021.
BACKGROUND
1. The child is E--~~
2. Respondents JlJDY O'DELL and RONALD O'DELL are husband and wife,
and are the Joint Managing Conservators of the child.
3. The mother of the child the subject of this suit is CALLIE LYNN SHEARD
(''Ms. Sheard"). Respondents have filed a counte1· petition requesting the
termination of Ms. Sheaxd's paxental rights.
4. The fathex of the child the subject of this suit is J - P - . and his
parental rights have been terminated by this court.
5. Ms. Sheard filed a Petition to Modify Parent-Child Relationship on October
13, 2015. The Decree to be modified is the Court's June 18, 2013, Decree for
Termination as to the Father, J•laP~••and the Decree in Suit Affecting the
Parent-Child Relationship as to the Mother, Callie Anderson AKA Callye Anderson
AKA Callie Lynn Sheard, in the pre-existing suit brought against Ms. Sheard by
----- ------ - - - - -
the Texas Department of Child and Family Protection.
6. The Court previously appointed Juliane Crow as Attorney Ad Litem for the
child the subject of this suit.
7. Respondents request that the Court reappoint Juliane Crow as Attorney Ad
Litem for the child the subject of this suit.
ARGUMENT & AUTHORITIES
8. In a private termination suit, a court must appoint either an amicus attorney
to assist the court in protecting the interests of the child or an attorney ad litem to
represent the child if no other amicus attorney or attorney ad litem has been
appointed and no party to the suit can adequately represent the child's interests.
Tex. Fam. Code §107.02l(a-l); In re KM.M., 326 S.vV.3d 714, 715 (Tex. App.-
Amarillo 2010, no pet.); In re KD.S., No. 09-11-00367-CV (Tex. App.-El Paso 2012,
pet. denied) (memo op.; 3-29-12). Before making an appointment, the court must (1)
consider the parties' ability to pay the amicus attorney's or attorney ad !item's
reasonable fees and (2) balance the child's interests against the cost to the parties,
taking into account the cost of available alternatives for resolving issues without an
appointment. Tex. Fam. Code §107.021(b)(l).
9. Respondents ask the Court to re-appoint Juliane Crow as Attorney Ad Litem
in this case as it appears that no party to the suit can adequately represent the
child's interests.
10. The appointment of an Attorney Ad Litem is proper in this case because the
parties are capable of paying the Attorney Ad Litem's reasonable fees and the
child's interests outweigh the potential costs to the parties, even after considering
other available alternatives to the appointment.
PRAYER
11. For these reasons, Respondents ask the Court to re-appoint Juliane Crow as
Attorney Ad Litem for the child the subject of this suit, in order to protect the
interests of the child and issue an order granting the Attorney Ad Litem immediate
access to the child and any information relating to the child, including privileged
and confidential information.
Respectfully submitted,
By: /S/ Garv M. Polland
Gary M. Polland
State Bar No. 16095800
Valerie L. Brock
State Bar No. 12074610
2211 Norfolk, Suite 920
Houston, Texas 77046
Telephone: 713-621-6335
Facsimile: 713-622-6334
Email: pollandlaw@yahoo.com
ATTORNEYS FOR RESPONDENTS/
COUNTER-PETITIONERS
CERTIFICATE OF SERVICE
. v
I hereby certrfy that on the \.{)
~~
day of November 2015, a true and correct
copy of the foregoing J:viotion for Re-Appointment of Attorney Ad Litem for Child
was forwarded via facsimile and/or via first class mail or hand-deliveiy to
opposing counsel in accordance with the Texas Rules of Civil Procedure as follows:
Via Facsimile (936)441-2999
Lauren H. Allen
Attorney for· Callie Lynn Sheard
/SI Gary M. Polland
Gary M. Polland
' '
I, Chris Daniel, District Clerk of Harris
County, Texas certify that this is a true and
correct copy of the original record filed and or
recorded in my office, electronically or hard
copy, as it appears on this date.
Witness my official hand and seal of office
this November 25 2015
Certified Document. Number: 67788178
Chris Daniel DISTRICT CLERK
HAP-R!S COUNTY, TEXAS
In accordance with Texas Govenunent Code 406.013 electronically transmitted authenticated
documents are valid. If there is a question regarding the validity of this document and or seal
please e-mail support@hcdistrictderk.com
Appendix I - Order Appointing Attorney Ad Litem
I-1
g.,~od-.~
FD~itrri~a~11) ~J
1
ORIGINAL
Cl
CAUSE NO. 2012-01222J
Time:
/Cf
Nov 1 °'k
0 2015
/J..JO
J
~.-
IN THE INTEREST OF § IN THE DIS ~ cou'rt·r~
§ Dcp!Jty
§ HARRIS COUNTY, TEXAS
§
CHILD § 313TH JUDICIAL DISTRICT
ORDER REAPPOINTING ATTORNEY AD LITEM FOR CHILD
After considering Respondent's Motion for Re-Appointment of Attorney Ad
Litem for the Child, the response, and arguments of counsel, the Court.
GRANTS the motion, finds that the appointment of an Attorney Ad Litem for the
child the subject of this suit is necessary to ensure that E A
P - best interest is adequately represented, and re-appoints JUILANE
"JULI" CROW, State Bar No. 24000653, P.O. Box 10152, Houston, Texas 77206,
Telephone: 281-382-1395, Facsimile: 713-422-2389, as Attorney Ad Litern for the
child. ·
1. Accordingly, the Court finds that Attorney Ad Litem is entitled to
reasonable fees and expenses to be paid by Petitioner CALLIE LYNN SHEARD
and Respondents JUDY O'DELL and RONALD O'DELL, and ORDERS CALLIE
LYNN SHEARD to deposit $ I 5;o , and JUDY O'DELL and
RONALD O'DELL$ ::J Sn into Arnicus Attorney's trust
account by '3.-.1~day of N ~\J €...,,f)i:;P--., 2015.
2. IT IS FURTHER ORDERED that Attorney Ad Litem will have immediate
access to the child.
3. IT IS FURTHER ORDERED that Attorney Ad Litem will have immediate
access to any information relating to the child, as authorized by Texas Family
Code section 107.006. This information includes but is not limited to the records
relating to medical, mental-health, and substance-abuse care or treatment,
social services, law enforcement, school, probate or other court proceedings, or
trusts or accounts of which the child is a beneficiary.
4. IT IS FURTHER ORDERED that Attorney Ad Litem may investigate the
facts of the case to the extent she considers appropriate ..
5. IT IS FURTHER ORDERED that Attorney Ad Litem must perform all
duties in this case regarding the child, including the following:
RECORDER'S MEMORANDUM
This Instrument Is cf poor quality
at the Orne of Imaging.
a. Within a reasonable time after the appointment, interview the
following people:
(1) Any child that is four ur more years old and elicit, in a
devefopmentally appropriate manner, the child's expressed
objectives.
(2) Each person who has significant knowledge of the child's history
and condition, including foster parents of the child.
(3) The parties to the suit.
b. Obtain and review copies of relevant records relating to the child as
provided by Section 107 .006.
c. Participate in the conduct of litigation to the same extent as an
attorney for a party.
d. Take any action consistent with the child's interests that Attorney Ad
Litem considers necessary to expedite the proceedings.
e. Encourage settlement and the use of alternative forms of dispute
resolution.
f. Review and sign, or decline to sign, a proposed or ag1·eed order
affecting the child.
6. IT IS FURTHER ORDERED that Attorney Ad Litem will only be required
to attend court hearings when her presence is necessary to protect the child's
best interest.
NOV 1 02015
SIGNEDon~~~~~~~~-r;;:~~'--
£kbL
JlfDGE PRESIDING
----------------------~
APPROVED AS TO FORM
AND ENTRY REQUESTED:
By: !SI Gary M. Polland
Gary M. Polland
State Bar No. 16095800
Valerie L. Brock
State Bar No. 12074610
221 1 Norfolk, Suite 920
J-louston, Texas 77046
Telephone: 713-621-6335
Facsimile: 713-622-6334
Email: pollandlaw@yahoo.com
AITORNEYS FOii RESPONDENTS
I, Chris Daniel, District Clerk of Harris
County, Texas certif1 that this is a true and
con-ect copy of the original record filed and or
recorded in my office, electronically or hard
copy, as it appears on this date.
Witness my official hand and seal of office
this November 25 2015
C ertifie cl Document Numb er: 67926425
Chris Daniel DISTRICT CLERK
HARRIS COUNTY, TEXAS
In accordance with Texas Govenunent Code 406.013 electronically transmitted authenticated
docmnents are valid. If there is a question regarding the validity of this docmnent and or seal
please e-mail supp ort@hc districtclerk. com
Appendix J -Notice of Hearing
J-1
11/13/2D15 11 :56:34 AM
Chris Daniel·- District Clerk Harris County
Envelope No. 7818905
By: Emily Ramos
Filed: 11/13/2Q1511 :56:34 AM
IN THE INTEREST OF § IN THE DISTRJCTCOUKf
§
§ 31.JJVD!CfALIHSTRICT
§
A. CRILD § HARRIS COUNTY, TEXAS
tiQIICEOF HEARL"'XG
. J11e Com:t l1as. set the foll.owing Jvfotions to he h¢ard on Tuesdav, Nvvember 1i,2015 ilt
1:15 p.m.: · ·
1. Petitionel"s Motion to !rMsfer
· 2. Resj)Ondenl"s Motio.q foi: Reappontment of Attomey Ad Litem foi' Child
Respec.tful!y submitted,
.L!iW Ofi:lce ofJ\ihn B. Choate
l 16. We~t l,(;>;vis
Conroe, TX 77301
Tel: (936) 441-2999
Fa>:: (936) 788-5670
,. /i .
,-}¥'//
/ ..• ···>fl!,
Bf~/! l(.if//:J.{c:_~-1,?---2=-"'..-:._'_·--·
. .·Laureh H . .Allen
State Har No. 24()807 64
·1auren@CoMoeLawOftlce.com
Attome)• for CAlLtE L'YNN SHEAR))
N Certificate· o.fSerdco
·~
0
I certii}' that a irn.e copy of the above W!iS served on each uttorJ'.ley.ofreoord or party
· in accordance. with foe. Texas Rules of.Civil Procedure on l1- !b-J.S
GaryM. Folfand --. Certified Mail RRR
Attomeyfor R.espondeftts _ Reg11lar Mail
2211 Norfolk, Suite 920 }:LFax
Houston, TX 77046 ·Personal Delivery
pol!andlaw@vahoo.com E-Mail
Te!:(7J3)62l-6335
Fa;x: (7 !3) 622-6334
,lull Crow ..... Certifiecj M;i.il RRR
~
PO Box 10.152
Ho11sfon, TX .77:206
'
..
I, Chris Daniel, District Clerk of Harris
County, Texas certiB; that this is a hue and
correct copy of the original record filed and or
recorded in my office, electronically or hard
copy, as it appears on this date.
\lJitness my official hand and seal of office
this November 25 2015
Certified Document Number: 67876401
Chris Daniel DISTRICT CLERK
HARRIS COUNTY, TEXAS
In accordanc'e 'With Texas Govenunent Code 406.013 electrouically transmitted authenticated
docwnents are valid. If there is a question regarding the validity of tlris document and or seal
please e-mail supp ort@hc disttictclerk. com
---····--··
Appendix K - Proposed Order Transferring Suit Affecting the
Parent-Child Relationship
K-1
11117/201512:34:17 PM
Chris Daniel - District Clerk Harris County
Envelope No. 7863278
By: Emily Ramos
Filed: 11117/201512:34:17 PM
NO. 2012-01222J
IN THE INTEREST OF § IN THE DISTRICT COURT
§
§ 313 J1JDICIAL DISTRICT
§
A CIITLD § HAIUUS COUN'.('Y, TEXAS
ORDER TRANSFERRING SUIT AFFECTING PARENT-CHILD RELATIONSHIP
The Court, after considering the pleadings, finds that no controverting affidavit has been
filed and that the Motion to Transfer filed by CALLIE LYNN SHEARD should be granted.
IT IS THEREFORE ORDERED that this suit is transferred to Montgomery County,
Texas. On receipt of the pleadings, documents, and orders from the transferring court, the
district clerk in that county is ORDERED to file and docket the suit in the appropriate court
under the same procedures as those used for filing an original action. The district clerk shall
notify the judge of the transferee court, all parties, the clerk of the transferring court, and, if
appropriate, the transferring court's local registry that the suit has been docketed.
The clerk of this Court is ordered to transmit immediately, in accordance with the
provisions of the Texas Family Code, the following documents:
1. The pleadings in the pending proceeding.
2. A certified copy of all entries in the minutes.
3. A certified copy of each final order.
4. A certified copy of the order of transfer signed by the transferring court.
The clerk of this Court is ordered to keep a copy of the transferred pleadings and
documents.
The clerk of this Court is ordered to send a certified copy of this order to CALLIE LYNN
SHEARD, JUDY O'DELL, RONALD O'DELL and to the state disbursement unit.
All costs, including certified or other copying expenses and postage, are taxed against
CALLIE LYNN SHEARD, for which let execution issue.
JUDGE PRESIJ)ING
APPROVED AS TO FORM ONLY:
hi the Interest ofP -
Order Transferring Case Page 1
Law Ofll.qe .of John E. Choate
l l 6 West Lewis
Conroe, TX 773(}]
Tel: §9~6)441-2999
Fax: (93(i} 7~8·5P70
!J . '
l~I~· . . 'I (1::;11:,~~-·1
{ .r
· ·'(,,?f'/J I · • !(. {)! t l, •
By{.-/-l!Jl!t'.7 :f/1V b'Z.,.....--
. ll:auifiiiYH, Allen ' . .
. Attorney for Petltione1:
StateBatNo, 24080764
Lauren@Con..ro6Law0ffic;e,c,)m.
l cetiify that a true cnpy offue above 'vas s.erved 011 each attorney ofrecord Oi' party
in a,ccorclance with the Texas R:tifos of Civil Procedure on !)~ l]- CJ . . . . ________
Gary M. Pt•llan~ Certi:6.iild Mail RRR
Atton1ey_[or 8.i!,wa11dentr ....- .. Regular ..Mail
2211 Norfolk,. Suile 920 iQ-Fax ·
Houstoii,.TX 77046 _ Personal Ddivery
pol.iahdiawro.ivahoo:cort1 E-Mail
.. 1 ·,7.1')··. ~?]·:"'v,,-,o;:
.Te ,: \. -1. .. · ..:.~ ~i ..._
i ........ File&Serve
Pax: (712)622-6334
JuHC.row Certifieq 11-·1ail RR.it
PO Box JOJ .52 Reiwlar JVfail ·
frouston, TX 77206 ~fa; .
_:__ Personal Delivery
Fax: (713) 422-2389 E-Mail
-. & Serve
File
' .
·r~·T1;~·r~1:e1:;;1i/rh1;1~1-:;;---·---·-··--
onkr Transfoi:iing Case
I, Chris Daniel, District Clerk of Harris
County, Texas certif\; that this is a true and
con-ect copy of the original record filed and or
recorded in my office, electronically or hard
copy, as it appears on this date.
Witness my official hand and seal of office
this November 25, 2015
Certified Document Number: 67915731
Chris Daniel DISTRICT CLERK
HARRIS COUNTY, TEXAS
In accordance with Texas Government Code 406.013 electronically transmitted authenticated
documents are valid. If there is a question regarding the validity of this document and or seal
please e-mail suppo1t@hcdistrictclerk.com
-----· .---- ------·--- ----- --- -------------, -
.-- ------------·-··------------------------~-- ---- ------ --------·----- ---------~------------- - -------- -- -- . - -- - ---------------- --- - - - -·-···--- '"--
--- · - - - - ----···
Appendix L - Proposed Order Withdrawing Appointment of Ad
Litem for Child
L-1
11/17/201512:34:17 PM
Chris Daniel - District Clerk Harris County
Envelope No. 7863278
By·. Emily Ramos
Filed: 11/17/2015 12:34:17 PM
IN THE IN nm.EST Of IN THE DISTRICT COURT
ACfilLD HAJtRIS COlJNTY, TEXAS
Th\: Co\ut :fipcfo thatRespondents did not properly request a hearing on tlieir Ivioiim1 for
Reappoh1tiuiint ofAt(Q111ey Ad Litem for Cbild,..and nq notice or opporftm)ty was givq1 to the
Pethfoner 6n that Motion; and therefore, 'the Ord!\r signed on Noven1bet l 0, 2015, Reappointing
.Ad IJtemfor,Child i~ hereby \VlTBDRAWN.
SIGNJ~Don·---------~-~~
,,,,,,,,,,_, _____________,,, ____________________________
JUDGE PRESID1NG
APPROVED AS TO FOR.Vi ONLY:
Certifkate of Servfoe
I ¢erti!Y t11at.a.wue ¢fl)JY of the above Wt1s served on ~a 0h attorney ofrecord or party
in riccordai!ce with theTexii,sRules oi'Civil P.rocedttte mi /ll7~J5 ----------------
Page I
' '
'Gary M, P!\il11111;! CcrtifiedJvfoil RRR
A.ttomeyjor Resptmdimts . Rem:ilar Mai!
.. 221 l. Norftili,, Sti\te 920 . 1p1ra~ ..
f.1ol1$lon, TX 77046 · . ' Personal Delivery.
· ·Qdllandl~'.>J@.yahoo:com ...... E-Mail .
>:i~_ 1,,·-:-tl
-~-~ ~- \! _.."I:", ,,.;;..]: .t,'."I...,~
Jj t ..i~ ·"V:JJ.~ File&Serve
Fiu;: (713)622-63~4
Jull Cr.ow CertifledMaffRRR
PO Box lOH.2 Regular Mail
]J "X-:·· .. .
J:J:oqston, TX i72Q6 p·
¥ t .l 'l:t • .
.. ·... Persoiial Delivery
Lauren H. Alkn
·-······--·-····----······-·····-· ---~-~----
Page2
I, Chris Daniel, District Clerk of Harris
Count<;, Texas certiB; that this is a true and
correct copy of the original record filed and or
recorded in my office, electronically or hard
copy, as it appears on this date.
Witness my official hand and seal of office
this November 25, 2015
Certified Document Number: 67915730
Chris Daniel DISTRICT CLERK
HARRIS COUNTY, TEXAS
In accordance with Texas Govenunent Code 406.013 electronically transmitted authenticated
documents are valid. If there is a question regarding the validity of this document and or seal
please e-mail support@hcd:istJ:ictclerk.com
--- ·------------ -
Appendix M - Order Denying Transfer
M-1
--~-- -~--,-- -~ --~---------------------·------ -~---··-~--------·~--·-·~~--
- - -- --- - ----- --- -- ----
- - - - ------- - - --- ----------- - -- - - -
'(I
ORIGINAL
CAUSE NO. 2012-01222J
IN THE INTEREST OF § IN THE 313th DISTRICT
§ COURT
§ HARRIS COUNTY, TEXAS
§
lJ' l L "I;!
Chris D -1?.t J}
Dlstrtct can/et
I erk
ORDER . Time• NOV 18 2015
After considering Respondent's Motion for Trans ~A-
presented, the response, and arguments of counsel, the Court hereby: Oop"'Y---...D
ORDERS that Petitioners Motion to Transfer is hereby denied.
)".L----
Signed on --+l+l-+/,_,'E"_'..c.•
Judge Presiding
"-
0
, MEMORANDUM
RE.CORDER S I""
1nsl!Ument Ill of poor qua "'
This at lhe lime of \!llBglng.
I, Chris Daniel, District Clerk of Harris
County, Texas certiB; that this is a true and
correct copy of the original record filed and or
recorded in my office, electronically or hard
copy, as it appears on this date.
Witness my official hand and seal of office
this November 25. 2015
Certifie cl Document N urnb er: 67961029
Chris Daniel DISTRICT CLERK
HARRIS COUNTY, TEXAS
Ju accordan.ce with Texas Govermnent Code 406.013 electronically transmitted autl1euticated
documeuts are valid. If tliere is a question regarding tlie validity of tlris document and or seal
please e-mail support@hcdistrictclerk.com
Appendix N - Order Appointing Attorney Ad Litem
N-1
..
CAUSE NO. 2012-01222J
. IN THE INTEREST OF § IN THE DISTRICT COURT OF
§
§ HARRIS COUNTY, TEXAS
§
CHILD § 313THJUDICIALDISTRI~l LED
. Chris D I I
District ~?a~k
ORDER REAPPOINTING ATTORNEY AD LITEM FOR CH!iLQ_ NOV 18 2015 9•
Harris Count t{J5J
After considering Respondent's Motion for Re-Appointment 8l"-Attorney Ad y, •xa. ~
0
Litem for the Child, the response, and arguments of counsel, the Court. •Puty
GRANTS the motion, finds that the appointment of an Attorney Ad Litem for the
child the subject of this suit is necessary to ensure that E A•••t
P - best interest is adequately represent.ed, and re-appoints JUILANE
"JULI" CROW, State Bar No. 24000653, P.O. Box 10152, Hou$ton, Texas 77206,
Telephone: 281-382-1395, Facsimile: 713-422-2389, as Attorney Ad Litem for the
child.
1. Accordingly, the. Court· finds that Attorney Ad Litem is entitled to
reasonable fees and expenses to be paid by Petitioner CALLIE LYNN SHEARD
and Respondents JUDY O'DELL and RONALD O'DELL, and ORDERS CALLIE
LYNN SHEARD to deposit$ 750.00, and JUDY O'DELL and RONALD O'DELL
$750.00 into Amicus Attorney's trust account by 30th_day of November 2015.
'
2. IT IS FURTHER ORDERED that Attorney Ad Litem will have immediate
access to the child.
3. IT IS FURTHER ORDERED that Attorney Ad Litem will have immediate
access to any information relating to the child, as authorized by Texas Family
Code section 107.006. This information includes but is not limited to the records
relating to medical, mental-health, and substance-abuse care or treatment,
social services, law enforcement, school, probate or other court proce.edings, or
trusts or accounts of which the child is a beneficiary.
4. IT IS FURTHER ORDERED that Attorney Ad Litem may investigate the
facts of the case to the extent she considers appropriate.
5. IT IS FURTHER ORDERED that Attorney Ad Litem must perform all
duties in this case regarding the child, including the following:
a. Within a reasonable time after the appointment, . interview the
following people:
RECORDER'S MEMORANDUM
l'hla ln811Ument Is at poor quality
at the time of Imaging.
-~---···------ - ---·-- ·----· ------ .. -- -···--· ------ -- -- --- - --- - --- --~~- -~---- - - ----- - - --- --~ -- -- - ---- - - - - - - - - - -
(1) Any child that is four or more years old and elicit, in a
developmentally appropriate manner,· the child's expressed
objectives.
(2) Each person who has significant knowledge of the child's history
and condition, including foster parents of the child.
(3) The parties to the suit.
b. Obtain and review copies of relevant records relating to the child as
provided by Section 107.006.
c. Participate in the conduct of litigation to the same extent as an
attorney for a party.
d. Take any action consistent with the child's interests that Attorney Ad
Litem considers necessary to expedite the proceedings.
e. Encourage settlement and the use of alternative forms of dispute
resolution.
f. Review and sign, or decline to sign, a proposed or agreed order
affecting the child.
6. IT IS FURTHER ORDERED that Attorney Ad Litem will only be required
to attend court hearings when her presence is necessary to protect the child's
best interest.
APPROVED AS TO FORM
AND ENTRY REQUESTED:
By: /SI Gaiy M Polland
Gary M. Polland
State Bar No. 16095800
Valerie L. Brock
State Bar No. 12074610
2211 Norfolk, Suite 920
Houston, Texas 77046
Telephone: 713-621-6335
Facsimile: 713-622-6334
Email: pollandlaw@yahoo.com
ATTORNEYS FOR RESPONDENTS
... ' <·
I, Chris Daniel, District Clerk of Harris
County, Texas certif'; that this is a hue and
correct copy of the original record filed and or
recorded in my office, electronically or hard
copy, as it appears on this date.
11.Jitness my official hand and seal of office
this November 25 2015
C ertifie ~ Document Numb er: 67961028
Chris Daniel DISTRICT CLERK
HARRIS COUNTY, TEXAS
In accordance with Texas Govenunent Code 406.013 electronically transmitted authenticated
documents are valid. If there is a question regarding the validity of this document and or seal
please e-mail suppoit@hcdistrictderk.com
Appendix 0 - Respondent's Controverting Affidavit
0-1
- - - - - - - - - - - - - - - - - - - - - - ------- - -
CAUSE NO. 2012-01222J
IN THE INTEREST OF § IN THE DISTRICT COURT OF
§
§ HARRIS COUNTY, TEXAS
§
MINOR CHILD § 313'.l'li JUDICIAL DISTRICT
RESPONDENT'S CONTROVERTING AFFIDAV!F ILED
Chris Daniel
STATE OF TEXAS § District Clerk
§ NOV 18 2015
Time·
COUNTY OF HARRIS § . Horris C:cunly, Toldoes not:ifony that grpmids for the transfor exist; and
(6}Petitioner was not given notice "not less than 10 days before the date of
the I~ea1i11g·o1i:~he :n1otioi1 (() tr_ans.fer.~~
10. Petitioner OBJECTS to (he order filed hv Respondents on November 18- 2015,
. entitled ;,Or·deJ'" whidi sj1ecifloal1y tdettnce;tliM tbe Court conside.red the
"evi<:lencepresented, the response''.,. and completely fails to mention that the
Cr)tlttjudjdally rentkted in operi Cou.rt on November 17, 2015 th. . . . .
lL Petitfoi1er previously filed onNoveuiber 19, 2Ul .5, an \}!Tier that accurately
reflecfa the Court's ruling on Nove1nbet
.
·~. 17,. 2015.. and that
. .order
... is,altached
.
11ereto as Exhibit A..
Petitioner µrnysthe Court sign au t>rtler tllat accurately reflects tliereeord, in which.the
CC.>i\r(jtid.kiallv
~- . November
.. rendered. on . 17... 2U15thatthe Motion toT1'ansfor >>'i!.Sd:e11ied.
Respectfully submitted,
Law Ofike ofJohn E. Choate
116 West Lew!s
Conroe, TX 77301
Tel; (936) 4,41-2999
F34: (93(;) 788··5670
'1
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$\ate B;tNo. 24080764
.Lalire1\@.Co1i.roeLawOftlce.com
,~, li1kh.;1;;~,;/,';Ji~··
O)Jjeqtion to Resj>(jntl<;nt~' C\1ntrovet:th1g At';'id1ri'lt and Proposed Order
S~ertificate.ofService
r ce,rtify that a true c.opy of the above w~t~ served on ead1 at1orney o'rre-cord or party
- - - jl-'?f)-.-\•C..
iJJ ilGcordance withthe Texas.Rules ofCiviJ Procedure on _1__k:.':!______-,,/__________________
Gary NX. Pollaµd Ce1tified Mai] RRR
Attomeyfor Respoi1dinits_ .Reuular Mail
221 l Noefdk;.. $i+i!e 920
Houston, TX 7704.6
J'_ .2 Pei:sonal
Fa; Dehver)'
-
001Iandla:w1fiNahoc-com_ E-Mail
'1"~1.:·.(713J 621-6.335 Fifo & Serve·
-Fax: (713) 622-6534
JuHCrlJ'\\' Certified Mail RRR
PO Box 10152 - --·---Regular Mail
Hous~on, Tx 77206 JQFax _ _ _
Personal Delive.rv
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1•ohn E. -Cnoa1e, Jr._
Lauren H. Allen
1~1;-the..iiiti?;:~st. :or.i~.,.,,_ . ·.
Ohjectkln to R¢~po111kntli' ContrBYerfhg Arn da:vii 's:
Motion DE1'1ED.
Presiding Judge
. '
I, Chris Daniel, District Clerk of Harris
Cotmty, Texas certify that this is a true and
correct copy of the original record filed and or
recorded in my office, electronically or hard
copy, as it appears on this date.
\Vitness my official hand and seal of office
this November 25 2015
Certified Document Number: 67972179
Chris Daniel DISTRICT CLERK
HARRIS COUNTY, TEXAS
In accordance with Texas Govenunent Code 406.013 electronically transmitted authenticated
documents are valid. If there is a question regarding the validity of this document and or seal
please e-mail support@ltcdistrictclerk.com
----- ------~--- ___ __,__ ____________ -~ --~---- --·- - ". -· - --- -- ----------~-~------·----·------------------
Appendix R -,--
June 18, 2013 Order in the Suit Affecting the Parent-Child
Relationship
R-1
-- -·--~-----
---- - -- -- ---- ·------ -- - -----
-- -~--~-~-~-~ -~~ --~---------~--- ---
' ' -
CHARRICKA BABERS
LATOYA WASHINGTON 175-6
176~7 0 ORIGINAL
CAUSE NO. 2012-01222J
IN THE INTEREST OF IN THE DISTRICT COURT OF
FILED HARRIS COUNTY, TEXAS
Chris oanlel
CHILD District ~H JUDICIAL JUVENILE DISTRICT
JUN 1 8 2013
DECREE FOR TERMINAfTONAs~llER,
DECREE IN SUIT AFFECTI~XREN'f-CHILD RELATIONSHIP AS TO THE
If. ~AND
MOTHER, CALLIE ANDERSON AKA CALL YE ANDERSON AKA CALLIE LYNN
SHEARD
On May 23, 2013 through June 3, 2013, came on to be heard before this Court Petitioner's Suit
To Affect The Parent-Child Relationship, and Suit To Terminate The Parent-Child Re/Cllionship.
1. Appearances
!.!. The Department of Family and Protective Services ("the Department") appeared
through CHARRICKA BABERS, caseworker, and by attorney, DAVID S.
MASQUELETTE., and announced ready.
1.2, Respondent Mother, CALLIE ANDERSON AKA CALLYE ANDERSON
AKA CALLIE LYNN SHEARD, SSN XXX-XX-5097, appeared in person and
through her Attorney, SUSAN RYAN SOLIS, and announced ready.
1.3. JUDY O'DELL, Maternal Great Aunt of the child, E'9 A - P -
appeared in person, agreed to the.terms of this order, waived service of citation
and announced ready.
J- P-
1.4. RONALD O'DELL, agreed to the terms of this order and waived service of
citation and notice.
1.5. Respondent Father, appeared in person and through
Attorney, MITCHEL RY AN NELSON, and announced ready.
1.6. Also appearing was JULIANE (JULI) CROW, appointed by the Court as
Attorney Ad Litem for the child the subject of this suit.
Decree For Termination And Decree In Si.lit Affecling The Parent-Child 2012.01222J / 313ih
Relationshi ·
Page1 June 18, 2013 (ginad)
-~--·----~---,,·------'"--·------·------------·-·--·--·
- --· - -- ---- -· -- -· - -- - -- --- . - - - · · - - - - - - - ---·-· --·· - - ~-~------··-·------------~---· -- ·- ~--- -------·--- ------ -
2. Findings
2.1. The Court, having examined the record and heard the evidence and argument of
counsel, finds that this Court has jurisdiction of this case and of all the parties and
that no other court has continuing, exclusive jurisdiction of this case.
2.2. The Court, having examined the record and heard the evidence and argument of
counsel. finds that the State of Texas has jurisdiction of this case pursuant to
Subchapter C, Chapter 152, Texas Family Code, by virtue of the fact that Texas is
the home state of the child.
2.3. All persons entitled to citation were properly cited or filed a duly executed waiver
of citation herein,
3. Jury
A jury was waived, and all questions of fact and of law were submitted to the Court.
4. Record
The record of testimony was duly reported by KAREN HOBBS.
5. Master ofthe·Court's Findings and Recommendations
The Master of the Court made the following findings and recommendations:
6. The Child
The Court finds that the following child is the subject of this suit:
Name:
Sex:
Birth Date:
Social Security Number:
Present Residence: RELATIVE'S HOME
7. Establishment of Paternity: JOSHUA POWERS
IT IS ORDERED AND DECREED that JI ~is, and he is hereby .
declared to be, the father of the child, E-~p- born to CALLIE
ANDERSON, and that the parent-child relationship between said father and said child is
established for all purposes.
Termination of Respondent Father ~P-Parental Rights
P-
8.
8.1. The Court finds by clear and convincing evidence that termination of the parent-
P-.
child relationship between JI .
is in the child's best interest. ·
and the child, E
..
Alill•t
Decree For Termination And Decree In Suit Affecting The Parent·Child 2012-01222J i 313th
Relationshl ·
Page2 June 18, 2013 (glnad}
-----~· -·--··
-----
-----··-----~-·---------.----~~--------
--- -- -------- ----- -- --- -__ :-:-=-===--==-:-:---=-==---:::-:-:-
-----~---_-_--_------:---:-:'.'.-. ...--":::':':~=:.--=-
8.2. Further, the Court finds by clear and convincing evidence that
P-has:
Ai••t
8.2.1. executed an unrevoked or irrevocable affidavit of relinquishment
of parental rights as provided by Chapter 16 L Texas Farnily Code;
&.2.2. eneetttcd an u1ncvoked or hxevocablc afiici~·i-t ef felinqttishm:errt
c< ffR./)
GtJ ~ ot:pai:eRtal right~ as pi;gvidell ey ChB:j'ltef 161, T~11~ Ft1rnil3· CeEle:
8.3. IT IS THEREFORE ORDERED AND DECREED that the parent-child
relationship between J ~and the child, E. . A -
P - , is finally and forever terminated.
9. Conservatorship of the Child
9.1. The Court finds that appointment of a parent or both parents as ~
conservator would not be in the best interest of the child, E A-
P - because the appointment would significantly impair the child's
physical health or emotional development.
9.2. IT IS THEREFORE ORDERED AND DECREED that JUDY O'DELL is
appointed Joint Managing Conservator of the child, E - Al•••
P , with the rights and duties specified in § 153.371. Texas Family Code:
the Court finds this appointment to be in the best interest of the child.
9.3. IT IS FURTHER •ORDERED AND DECREED that JUDY O'DELL. as a
Joint Managing Conservator shall be designated as the primary managing
conservator and shall have the sole right to establish the domicile of the child.
9.4. IT IS THEREFORE ORDERED AND DECREED that RONALD O'DELL is
a~ Joint Managing Conservator of the child, E - Al
P - with the rights and duties specified in§ 153.371, Texas Family Code;
the Court finds this appointment to be in the best interest of the child.
9.5. IT IS FURTHER ORDERED AND DECREED that the Joint Managing
Conservators shall, each twelve months after the date of this order, file with the
Court a report of facts concerning the child's welfare, including the child's
whereabouts and physical condition, as required by § 153.375, Texas Family
C~. .
9.6. IT IS FURTHER ORDERED AND DECREED that the DEPARTMENT OF
FAMILY AND PROTECTIVE SERVICES is hereby DISMISSED as a party
to this suit. Pursuant to§ 161.205, Texas Family Code, the Court finds this order
to be in the best interest of the child, E _ A _ P _ .
DeCree ForTenninalion And.Decree In Suit Affecting The Parent-Child 2012-01222J 1313th
Re!ationshi · ·
Page3 .June 18, 2013 (ginad)
I 0. Parties Granted Possession or Access
10.1. Respondent Mother, CALLIE ANDERSON AKA CALLYE ANDERSON
AKA CALLIE LYNN SHEARD, is appointed possessory conservator of the
child, E _ A _ P _ . The Court finds that such appointment is
in the best interest of the child, and that the limited possession and access
provided by this order is required. and does not exceed the restrictions needed to
protect the best interest of the child.
10.2. IT IS ORDERED AND DECREED that CALLIE ANDERSON AKA
CALL YE ANDERSON AKA CALLIE LYNN SHEARD shall have visitation
of the child at times mutually agreed to in advance by the parties, as follows:
All visitations between E - A\ P - and CALLIE
ANDERSON AKA CALL YE ANDERSON AKA CALLIE LYNN SHEARD
shall be supervised by either Joint Managing Conservator or other competent
adult as designated by a Joint Managing Conservator.
SPECIFIC VISITION:
I) CALLIE ANDERSON AKA CALLYE ANDERSON AKA CALLIE
LYNN SHEARD must furnish a copy of her weekly work schedule to set
up visits with the child, E - A I P~
2) Visits may be cancelled at the discretion of JUDY O'DELL and/or
RONALD O'DELL if CALLIE ANDERSON AKA CALLYE
ANDERSON AKA CALLIE LYNN SHEARD engages in harassing
phone calls, phone calls involving unreasonable demands or excuses by
CALLIE ANDERSON AKA CALLYE ANDERSON AKA CALLIE
LYNN SHEARD;
3) Visits will take place at the home of JUDY O'DELL and RONALD
O'DELL, or a designated place as mutually agreed, but never at the
residence of CALLIE ANDERSON AKA CALLYE ANDERSON
AKA CALLIE LYNN SHEARD;
4) CALLIE ANDERSON AKA CALLYE ANDERSON AKA CALLIE
LYNN SHEARD must do everything she can to hel]J provide clothes, toys
and enrollment of the child, E W 9 A - P - i n Medicaid
or obtain other health insurance for the child; and
5) Before each visit, CALLIE ANDERSON AKA CALL YE ANDERSON
AKA CALLIE LYNN SHEARD must furnish a copy of her most recent
drug test results from the National Screening Center, 407 Fannin,
Houston, Texas, 77002, Phone No. 713-226-7847 to JUDY O'DELL and
RONALD O'DELL. If CALLIE ANDERSON AKA CALLYE
ANDERSON AKA CALLIE LYNN SHEARD fails to do this, JUDY
O'DELL and RONALD O'DELL at their discretion may cancel the visit.
Decree For Termination And Decree In Suit AffecHhg The Parent-Child 2012-01222J i313tli
Re~tionshi
· Page4 . June 18. 2013 (ginad)
10.3. The periods of possession ordered above apply to each child the subject of this
suit while that child is under the age of eighteen years and not otherwise
emancipated.
11. Rights and Duties of the Joint Managing Conservator:
IT IS ORDERED AND DECREED that the Joint Managing Conservator shall have the
following rights and duties subject only to any rights granted herein to any Possessory
Conservator as pursuant to Texas Family Code.
11.1. The Joint Managing Conservator designated as the primary Joint Managing
Conservator shall have the sole right to exercise the following rights:
11.1.1. The right to receive and give receipt for payments for the support of the
child and to hold or disburse funds for the benefit of the child;
11.1.2. The right to the services and earnings of the child;
11. l .3. The right to consent to marriage and to enlistment in the armed forces of
the United States:
11.2. A Joint Managing Conservator shall each have the following rights:
11.2.1. The right to have physical possession and to direct the moral and religious
training of the child;
11.2.2. The duty of care, control, protection, and reasonable discipline of the
child;
11.2.3. The duty to provide the child with clothing, food, shelter, education, and
medical, psychological, and dental care;
11.2.4. The right to consent for the child to medical, psychiatric, psychological,
dental, and surgical treatment and to have access tci the child's medical
records;
11.2.5. The right to represent the child in legal ;'!Ction and to make other decisions
of substantial legal significance concerning the child;
11.2.6. Except when a guardian of the child's estate or a guardian or attorney ad
!item has been appointed for the child, the 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;
11.2. 7. The right to establish the primary residence of the child and to make
decisions regarding the child's education; and
Decree For TelTTlination And Decfee In Suit Affecting The Parent-Child 2012-01222J / 3131h
Re!ationshi
Page5 June 18, 2013 (ginad) ·
-- ---- -- -
-------~·---- ~-------- ~- ---------------- ·------
- ------ ---==------- --_:--- __ _:":-:=_-=:=-_-===::--:--:--::.: - =::-:=c:-_:::::__=::_=---"'.:·~:::-:::-_~...,._-=-::-
--=-~---~-:-:::::-:-=-==:-
11.2.8. lf the parentcchild relationship has been tern1inated with respect to the
parents, or only Jiving parent, or if there is no living parent, the right to
consent to the adoption of the child and to make any other decision
concerning the child that a parent could make.
12. Rights of Parent Possessory Conservator
IT IS ORDERED AND DECREED that any parent named as a Possessory Conservator
in this order shall have the following rights and duties:
12. l. The right to receive information from the Managing Conservator concerning the
health, education, and welfare of the child;
12.2. The right of access to medical, dental, psychological, and educational records of
the child;
12.3. The right to consult with a physician, dentist, or psychologist of the child;
12.4. The right to consult with school officials concerning the child's welfare and
educational status, including school activities;
12.5. The right to attend school activities;
12.6. The right to be designated on the child's records as a person to be notified in case
of an emergency;
12.7. During periods of possession, the right to consent to medical, dental, and surgical
treatment during an emergency involving an immediate danger to the health and
safety of the child;
12.8. The right to manage the estate of the child to the extent the estate has been created
by the parent or the parent's family.
12. 9. During periods of possession, the duty of care, control, protection and reasonable
discipline of the child; and
12.10. During periods of possession, the duty to support the child, including providing
the child with clothing, food, shelter, and medical and dental care' not involving an
invasive procedure.
13. Interstate Compact
The Court finds that the Petitioner has filed a verified allegation or statement regarding
compliance with the Interstate Compact on the Placement of Children as required by
§ 162.002 of the Texas Family Code.
Decree For Term!nation And Decree in Sult Affecting The Parent-Child 2012-01222J / 313th
· Relationshi ·
Page6 June 18, 2013 (ginad)
14. Medical History Report: J 4 1 m i a P -
14.l. The Court finds that J - P - h a s signed an affidavit of voluntary
relinquishment of parental rights under§ 161.103, Texas.Family Code regarding a
biological child.
14.2. IT IS ORDERED that J-~shall provide information regarding
the medical history of J - P - and his ancestors on the medical
history report form, pursuant to§ 161.1031, Texas Family Code.
15. Duty to Provide Information
15.l. IT IS ORDERED AND DECREED pursuant to § 153.076(a). Texas Family
Code that each conservator of a child has a duty to inform the other conservator of
the child in a timely manner of significant information concerning the health,
education, and welfare of the child.
15.2. IT IS ORDERED AND DECREED pursuant to § 153.076(b), Texas Family
Code, that each conservator of the child has the duty to inform the other
conservator if the conservator resides with for at least 30 days, marries, or intends
to marry a person who the conservator !mows:
15.2.1. is registered as a sex offender wider Chapter 62. Code of Criminal
Procedure; or
15 .2.2. is currently charged with an offense for which on conviction the person
would be required to register under that chapter.
15.3. The notice required to be made under § 153.076(b). Texas Family Code. must be
made as soon as practicable but not later than the 40th day after the date the
conservator of the child begins to reside with the person or the 10°1 day after the
date the marriage occurs, as appropriate. The notice must include a description of
the offense that is the basis of the person's requirement to register as a sex
offender or of the offense with which the person is charged.
15.4. A CONSERVATOR COMMITS AN OFFENSE IF THE CONSERVATOR
FAILS TO PROVIDE NOTICE IN THE MANNER REQUIRED BY
SUBSECTIONS (b) AND (c) OF § 153.076, Texas Family Code. AN
OFFENSE UNDER THIS SUBSECTION (d) IS A CLASS C
MISDEMEANOR
16. Required Information and Notices Regarding the Parties and child
16.1. EXCEPT FOR THOSE PERSONS SPECIFICALLY EXEMPTED FROM
SUCH DISCLOSURE BELOW, EACH PERSON WHO IS A PARTY TO
THIS ORDER IS ORDERED TO NOTIFY EACH OTHER PARTY, THE
COURT, AND THE STATE CASE REGISTRY OF ANY CHANGE IN THE
PARTY'S CURRENT RESIDENCE ADDRESS, MAILING ADDRESS,
_Deciee ~or Termination And Decree In Suit AffecUng The Parent-Child 2012-01222J /313th
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HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF
EMPLOYMENT, DRIVER'S LICENSE NUMBER AND . WORK
TELEPHONE NUMBER. THE PARTY IS ORDERED TO GIVE NOTICE
OF AN INTENDED CHANGE IN ANY OF THE REQUIRED
INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE
STATE CASE REGISTRY ON OR BEFORE THE 60TH DAY BEFORE
THE INTENDED CHANGE. IF THE PARTY DOES NOT KNOW OR
COULD NOT HAVE KNOWN OF THE CHANGE IN SUFFICIENT TIME
TO PROVIDE 60-DAY NOTICE, THE PARTY IS ORDERED TO GIVE
NOTICE OF THE CHANGE ON OR BEFORE THE FIFTH DAY AFTER
THE DATE THAT THE PARTY KNOWS OF THE CHANGE.
16.2. THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER
PARTY, THE COURT, AND THE STATE CASE REGISTRY
CONTINUES AS LONG AS ANY PERSON, BY VIRTUE OF THIS
ORDER, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT OR
ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD.
16.3. NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU
MAY USE REASONABLE EFFORTS TO ENFORCE THE TERMS OF
CHILD CUSTODY SPECIFIED IN THIS ORDER. A PEACE OFFICER
WHO RELIES ON THE TERMS OF A COURT ORDER AND THE
OFFICER'S AGENCY ARE ENTITLED TO THE APPLICABLE
IMMUNITY AGAINST ANY CLAIM, CIVIL OR OTHERWISE,
REGARDING THE OFFICER'S GOOD FAITH ACTS PERFORMED IN
THE SCOPE OF THE OFFICER'S DUTIES IN ENFORCING THE
TERMS OF THE ORDER THAT RELATE TO CHILD CUSTODY. ANY
PERSON WHO KNOWINGLY PRESENTS FOR ENFORCEMENT AN
ORDER THAT IS INVALID OR NO LONGER IN EFFECT COMMITS
AN OFFENSE THAT MAY BE PUNISHABLE BY CONFINEMENT IN
JAIL FOR AS LONG AS TWO YEARS AND A FINE OF AS MUCH AS $
10,000.
16.4. FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO
PROVIDE EACH OTHER PARTY, THE COURT, AND THE STATE
CASE REGISTRY WITH THE CHANGE IN THE REQUIRED
INFORMATION MAY RESULT IN FURTHER LITIGATION TO
ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A
FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN
JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH
VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF
ATTORNEY'S FEES AND COURT COSTS.
16.5. NOTICE SHALL BE GIVEN TO EACH OTHER PARTY BY
DELIVERING A COPY OF SUCH NOTICE TO EACH PARTY BY
REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT
REQUESTED. NOTICE SHALL BE GIVEN TO THE COURT BY
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• DELIVERING A COPY OF THE NOTICE IN PERSON TO THE CLERK · ·
OF THE COURT OR BY REGISTERED OR CERTIFIED MAIL
ADDRESSED TO THE CLERK AT 313th Judicial District Court of Harris
County. NOTICE SHALL BE GIVEN TO THE STATE CASE REGISTRY
BE MAILING A COPY OF THE NOTICE TO THE STATE CASE
REGISTRY, CENTRAL FILE MAINTENANCE, P.O. BOX 12048,
AUSTIN, TEXAS 78711-2048.
16.6. The child's information is provided above; the information required of each party
not exempted from such disclosure is:
16.6.1. Naine: CALLIE ANDERSON
AKA CALLYE ANDERSON
AKA CALLIE LYNN SHEARD
Social Security number:
Driver's License: UNKNOWN
Current address: 15255 GRAY RIDGE DR.# 618
HOUSTON, TX 77082
Home telephone number: UNKNOWN
Name of employer: UNKNOWN
. Address of employment: UNKNOWN
Work telephone number: UNKNOWN
16.6.2. Name:
Social Security number:
Driver's License:
Current address:
Home telephone number:
-
JUDY O'DELL
-TEXAS
24223 EVERGREEN ROAD
PORTER, TX 77375
281-354-3224
Name of employer: UNKNOWN
Address of employment: UNKNOWN
Work telephone number: UNKNOWN
16.6.3. Name: RONALD O'DELL
===T~EXAS
Social Security number:
Driver's License:
Current address: 24223 EVERGREEN ROAD
PORTER, TX 77375
Home telephone number: 281-354-3224
Name of employer: UNKNOWN
Address of employment: UNKNOWN
Work telephone number: UNKNOWN
16.7. IT' IS ORDERED that each parent, who has not previously done so, provide
information regarding the medical history of the parent and parent's ancestors on
the medical history form, pursuant to§ 161.2021, Texas Family Code.
Decree For Tennination And Decree In Sutt Affecting The Parent-Child 2012--01222J I 3131h
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17. Warnings to Parties
Failure to obey a court order for child support or for possession of or access to a
child may result in further litigation to enforce the order, including contempt of
court. A finding of contempt may be punished by confinement in jail for up to six
months, a fine of up to $500 for each violation, and a money judgmen't for payment
of attorney's fees and court costs.
Failure of a party to make a child support payment to the place and in the manner
req1,1ired by a court order may result in the party's not receiving credit for making
the payment.
Failure of a party to pay child support does not justify denying that party court-
ordered possession of or access to a child. Refusal by a party to allow possession of
or access to a child does not justify failure to pay court-ordered child support to that
party.
18. Expiration of Ad Litems and Other Appointments
IT IS ORDERED AND DECREED that each Attorney f\.d Litem and
Attorney/Guardian Ad Litem and any other appointments not specifically retained above
in this decree that have been made by this Court in this case do not conclude with the
signing of this final judgment. These appointments continue until this case is final. This
case is not final until this Court's plenary jurisdiction from this final judgment expires,
and all appeals, if any, have concluded. In other words, even though this judgment is
final, the attorneys appointed in this case have a continuing legal and ethical obligation to
represent their client's interests in this case to final disposition, which could include the
provision of legal services in connection with post-judgment motions or an appeal.
Notwithstanding the legal representation provided after this final judgment is signed, the
attorneys appointed in this case are not appointed to provide legal representation for
Placement Review Hearings held pursuant to Chapter 263 of the Family Code, and shall
not do so pursuant to their appointments by this Court.
19. Discharge from Discovery Retention Requirement
IT IS ORDERED AND DECREED that the parties and their respective attorneys are
discharged from the requirement of keeping and storing the documents produced in this
case in accordance with rule !9! .4(d) of the Texas Rules of Civil Procedure. ·
20. Denial of Other Relief
IT IS ORDERED AND DECREED that all relief requested in this case and not
expressly granted is denied.
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21. WARNING: APPEAL OF FINAL ORDER, PURSUANT TO §§ 263.405, TEXAS
FAMILY CODE
21.1. PURSUANT TO §§ 109.002 AND 263.405, TEXAS FAMILY CODE,
APPEALS OF FINAL ORDERS INVOLVING THE DEPARTMENT OF
FAMILY AND PROTECTIVE SERVICES ARE ACCELERATED
APPEALS. A NOTICE OF APPEAL MUST BE FILED NO LATER THAN
THE 20rn DAY AFTER THE DATE A FINAL ORDER IS SIGNED BY
THE TRIAL JUDGE.
21.2. A STATEMENT OF POINTS ON WHICH A PARTY WISHES TO
APPEAL MUST BE FILED NO LATER THAN THE 15rn DAY AFTER
THE DATE A FINAL ORDER IS SIGNED BY THE TRIAL JUDGE. THE
STATEMENT MAY BE COMBINED WITH A MOTION FOR A NEW
TRIAL, PURSUANT TO§ 263.405 (B), TEXAS FAMILY CODE.
21.3. AN APPELLATE COURT MAY NOT CONSIDER ANY ISSUE THAT
WAS NOT SPECIFICALLY PRESENTED TO THE TRIAL COURT IN A
TIMELY FILED STATEMENT OF THE POINTS ON WHICH THE
PARTY INTENDS TO APPEAL OR IN A STATEMENT COMBINED
WITH A MOTION FOR NEW TRIAL. THE STATEMENT OF POINTS
ON WHICH A PARTY WISHES TO APPEAL MUST BE SPECIFIC AND
A CLAIM THAT A JUDICIAL DECISION IS CONTRARY TO THE
EVIDENCE OR THAT THE EVIDENCE IS FACTUALLY OR LEGALLY
INSUFFICIENT IS NOT SUFFICIENTLY SPECIFIC TO PRESERVE AN
ISSUE FOR APPEAL.
22. NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS:
YOU MAY USE REASONABLE EFFORTS TO ENFORCE THE TERMS OF
CHILD CUSTODY SPECIFIED IN THIS ORDER. A PEACE OFFICER WHO
RELIES ON THE TERMS OF A COURT ORDER AND THE OFFICER'S
AGENCY ARE ENTITLED TO THE APPLICABLE IMMUNITY AGAINST ANY
CLAIM, CIVIL OR OTHERWISE, REGARDING THE OFFICER'S GOOD
FAITH ACTS PERFORMED IN THE SCOPE OF THE OFFICER'S DUTIES IN
ENFORCING THE TERMS OF THE ORDER THAT RELATE TO CHILD
CUSTODY. ANY PERSON WHO KNOWINGLY PRESENTS FOR
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ENFORCEMENT AN ORDER THAT IS INVALID OR NO LONGER IN EFFECT
COMMITS AN OFFENSE THAT MAY BE PUNISHABLE BY CONFINEMENT
IN JAIL FOR AS LONG AS TWO YEARS AND A FINE OF AS MUCH AS 10,000.
SIGNED this _ _ day of
JUN l 8 2013') 013
.~,~
STEPHEN E. NEWHOUSE
MASTER OF THE COURT
JUN 1 8 2013
SIGNED this day of . 2013.
GLENNAIODEVLIN
JUDGE PRESIDING
David S. Masque! e..
Attorney for Petitioner,
Department of Family and Protective Services
2525 Murworth Drive, Suite 300
Houston, TX 77054-1603
State Bar# 13 I 62700
phone: 713-578-3900
fax: 713-578-3995
Ju i ne (Juli) Crow
At mey Ad Litem for the Child
P.O. Box 10152
Houston, TX 77206
State Bar# 24000653
phone: (281)382-1395
fax: 713-422-2389
Decree For Termination And Decree In Suit Affecting The Parent.Child 2012-01222J /313th
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---------------- ---
Susan Ryan Solis
Attorney for the Mother, Callie Anderson
AKA Callye Anderson
aka Callie Lynn Sheard
2800 E. Broadway, Ste. C-518
Pearland, TX 77581
State Bar# 24037413
phone: 832-661-7946
fax: 281-317-9908
Judy O'Dell
Primary Joint Managing Conservator
24223 Evergreen Road
Porter, TX 77375
Ronald O'Dell
Joint Managing Conservator
24223 Evergreen Road
Porter. TX 77375
Mitchel Ryan Nelson
Attorney for the Father, J. .
l 11 W. 15th St.
Houston, TX 77008-4220
State Bar# 24056032
phone: 713-869-0036
fax: 713-869-9912
Decree For Termination And Decree In Suit Affecting The Parent-Child . 2012-01222J /313!h
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I, Chris Daniel, District Clerk of Harris
County, Texas certify that this is a true and
correct copy of the original record filed and or
recorded in my office, electronically or hard
copy, as it appears on this date.
Witness my official hand and seal of office
this November 24. 2015
Certified Document Number: 56648752 Total Pages: 13
Chris Daniel, DISTRICT CLERK
HARRIS COUNTY, TEXAS
·In accordance with Texas Government Code 406.013 electronically transmitted authenticated
documents are valid. If there is a question regarding the validity of this document and or seal
please e-inail support@hcdistrictclerk.com
Appendix S - 11-13-15 E-Mail from Natalie Yates
S-1
--------
Lauren Allen
From: Yates, Natalie (DCA) [Natalie_Yates@Justex.net]
Sent: Friday, November 13, 2015 9:14 AM
To: Lauren Allen
Cc: lndianapolland@msn.com; ~acey (DCO)
Subject: 201201222J P-. ~
Hi Lauren,
Just wanted to let you know the Judge has set the following motion on docket for Tuesday 11/17/15 at 1:15
p.m.
1315 201201222J p · · · · . . MO POLLAND, GARY M.
RESPONDENTS MOTION FOR REAPPOINTMENT OF ATIORNEY AD LITEM FOR CHILD
I see you have a motion to transfer filed, would you like me to set it as well on 11/17/15?
Thanks,
Natalie
1
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