in Re J.H. ( 2023 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
No. 02-22-00457-CV
IN RE J.H., Relator § Original Proceeding
§ 89th District Court of Wichita County, Texas
§ Trial Court No. 190,898-C
§ January 19, 2023
§ Memorandum Opinion by Justice Kerr
JUDGMENT
This court has considered Relator’s petition for writ of mandamus and holds
that the petition should be conditionally granted. Accordingly, we conditionally grant
the writ of mandamus and direct the trial court to vacate that part of its August 30,
2022 order appointing Real Party in Interest Mother as temporary sole managing
conservator and Relator Father as temporary possessory conservator, as well as any
other language in the temporary orders modifying the managing-conservatorship
rights of Father and Mother from their joint-managing-conservatorship rights as
ordered in the Agreed Final Decree of Divorce dated April 22, 2020. All other
requested relief by Father is denied. Because we are confident that the trial court will
comply with these directives, the writ will issue only if the trial court fails to do so.
Our temporary order of November 23, 2022, staying the trial court’s temporary
restraining order of November 22, 2022, remains in place for fifteen days after the
date of this opinion, after which it will expire automatically without further order
unless either party files a timely motion for rehearing. See Tex. R. App. P. 52.9. If
either party files a timely motion for rehearing, then our temporary order will remain
in place until further order of this court.
It is further ordered that Relator Father must pay one-half of the costs of this
proceeding and that and that Real Party in Interest Mother must pay one half of the
costs of this proceeding.
SECOND DISTRICT COURT OF APPEALS
By __________________________________
Justice Elizabeth Kerr