ORIGINAL PETITION FOR RESTRAINING ORDER AND TEMPORARY
NJUNCTION IN SUIT AFFECTING THE PARENT -CHILDREN RELATIONSHIP
I. DISCOVERY LEVEL
Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas
Rules of Civil Procedure.
II. PARTIES
This suit is brought by Brandy Pfluger, Petitioner.
Respondent is TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES.
Respondent's address for service of process: Jackie Geer, CPS Supervisor I, 1037 East Loop 456, Jacksonville, Texas 75766.
Petitioner is the mother of the children the subject of this suit. Petitioner has standing to bring this suit in that Petitioner is the biological mother of the children who are the subject of this suit and Petitioner has the right to unsupervised possession and access of the children as sole managing conservator.
III. JURISDICTION
This court has continuing jurisdiction of this suit and of the children the subject of this suit.
IV. CHILDREN
The following children are the subject of this suit:
1. Name: John Dalton Routh
Sex: Male
Birth date: October 26, 2007
County of Residence: Anderson
2. Name: David Lee Carroll
Sex: Male
Birth date: August 5, 2001
County of Residence: Anderson
V. HEALTH INSURANCE INFORMATION
Private health insurance is not in effect for the children. The children receive medical benefits from Medicaid.
VI. PROPERTY
No property of consequence is owned or possessed by the children in the subject of this suit.
VII. CONSERVATORSHIP
Petitioner is a Managing Conservator of the children by order of this Court Petitioner was pressured by the Department to sign voluntary placement agreements effective for an unknown period as Petitioner has not been given a copy The children have been placed with a relative in Palestine. Petitioner does not know the terms of visitation with the children.
The restrictions upon Petitioner's possession of the children are stressful and harmful for the children. The Petitioner, hereby revokes her consent to the voluntary placement. A true and correct copy of the letter is attached as Exhibit "A" to this Petition. The Department has threatened Petitioner that if Petitioner does not agree to continue the voluntary placement, then the Department will pursue an involuntary placement, which could include removing the children from her home and placing the children in foster care. The Department has no evidence of any of the required factors cited under Family Code 262.104 to justify emergency removal.
Petitioner is willing to comply with reasonable requirements and conditions, but the Department is apparently unable to make a determination of what is expected of Petitioner. Petitioner would show that there is no justification for the Department's threat of involuntary placement and that involuntary placement would be very harmful to the children. It is in the children's best interest for Petitioner to have full rights and duties of a sole managing conservator without inference or intervention from the Department, and that the court’s order of custody pursuant to divorce should be followed.
VIII. REQUEST FOR TEMPORARY ORDERS
Petitioner requests the Court, after notice and hearing, to make temporary orders for the safety and welfare of the children, including but not limited to the following:
Confirming Petitioner as sole managing conservator with all of the rights and duties of a sole managing conservator without interference from the Department.
IX. REQUEST FOR TEMPORARY RESTAINING ORDER
AND TEMPORARY INJUNCTION
Petitioner requests the Court to dispense with the necessity of a bond, and Petitioner requests that Respondent be temporarily restrained immediately, without hearing, and after notice and hearing be temporarily enjoined, pending the further order of this Court, from:
1. Requiring Respondent to place the children with Petitioner and prohibiting Respondent from interfering with Petitioner's possession of the children without an order of the Court; and,
2. Interfering with Petitioner's possession and control of the children or otherwise disturbing the peace of the children without first obtaining an order of the Court with reasonable prior notice of the court hearing to Petitioner and Petitioner's counsel.
X. REQUEST FOR ATTORNEY’S FEES, EXPENESES, COSTS, AND INTEREST
It was necessary for Petitioner to secure the services of Bruce Thrasher, a licensed attorney, to preserve and protect the children's rights. Respondent should be ordered to pay reasonable attorney's fees, expenses, and costs through trial and appeal, and a judgment should be rendered in favor of this attorney and against Respondent and be ordered paid directly to Petitioner's attorney, who may enforce the judgment in the attorney's own name. Petitioner requests post-judgment interest as allowed by law.
XI. PRAYER
Petitioner prays that citation and notice issue as required by law and that the Court enter its orders in accordance with the allegations contained in this petition.
Petitioner prays that the Court immediately grant a temporary restraining order restraining Respondent, in conformity with the allegations of this petition, from the acts set forth above, and Petitioner prays that, after notice and hearing, this temporary restraining order be made a temporary injunction.
Petitioner prays for attorney's fees, expenses, costs, and interest as requested above.
Petitioner prays for general relief.
Dated: October 29, 2010 Respectfully submitted,
THOMAS C.SANDERS, P.C.
P.O. Box 1860
Sugarland, Texas 77487
Tel: (281) 242-9700
Fax (281) 242-8340
By: ___________________________
Thomas C. Sanders, J.D.
State Bar No. 17609900
ATTORNEY FOR PETITIONER
GARLO WARD, P.C.
907 Ranch Road 620 S.
Suite 101
Lakeway, TX 78734
Tel: (512) 302-1103
Fax: (512) 302-3256
By: __________________________
Jerri Lynn Ward, J.D.
State Bar No. 20844200
ATTORNEY FOR PETITIONER
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the above and foregoing pleading has been served on
the following by hand-delivery on the day 29th of October, 2010:
VIA HAND-DELIVERY
Ms. Patrice Savage
Regional Attorney
Texas DFPS
2130 Alpine Road
Longview, Texas 75601
Telephone: (903) 233-5210
Facsimile: (903) 233-5250
_________________________________
Jerri Lynn Ward, J.D.