Facts: A court order adjudicated Father to be the Child’s father, but the order did not address conservatorship. Subsequently, Father filed a suit affecting the parent child relationship (SAPCR) seeking sole managing conservatorship. A temporary order granted Father temporary sole managing conservatorship. Father had to get a writ of attachment to get possession of the Child from Mother. Subsequently, the SAPCR was dismissed for want of prosecution. A few years later, Mother drove to a hotel where the Child was staying with family and took the Child without giving notice to Father. Father filed another SAPCR seeking the exclusive right to designate the Child’s residence and sought to transfer the case to where the Child had been living for the prior six months. Mother alleged that transfer was inappropriate because the Child had been living illegally with Father. After a hearing, the trial court denied Father’s motion to transfer, so he filed a petition for writ of mandamus. Holding: Writ of Mandamus Conditionally Granted.  Opinion: Father’s affidavit averred that the Child had resided in another county for at least six months, and Mother did not controvert that fact. Although Mother may not have wanted the Child to go with Father, Father’s possession of the Child was not “illegal” because a temporary order gave him the right to designate the Child’s residence.  Family Law Section, State Bar of Texas  12/23/2015

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This information is designed to assist you in answering some basic questions regarding family law issues.

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