in Re Cameron Jay Scheel , 2002 Tex. App. LEXIS 9333 ( 2002 )

DISSENTING OPINION No. 04-02-00638-CV IN RE Cameron Jay SCHEEL Original Mandamus Proceeding ⁽¹⁾ DISSENTING OPINION ON RELATOR'S MOTION TO RECONSIDER

Opinion by: Phil Hardberger, Chief Justice

Dissenting opinion by: Sarah B. Duncan, Justice

Sitting: Phil Hardberger, Chief Justice

Catherine Stone, Justice

Sarah B. Duncan, Justice

Delivered and Filed: December 4, 2002

At issue is whether the trial court has jurisdiction to make child custody determinations under section 152.201 of the Texas Family Code. It is undisputed that Scheel's and Cha's children lived with them in Maryland for the six months before Cha filed the underlying divorce proceeding. Therefore, Maryland, not Texas, is the children's home state. See Tex. Fam. Code Ann. § 152.102(7) (Vernon 2002). Since the Maryland courts have not declined jurisdiction, the Texas courts do not have jurisdiction to make custody determinations. See Tex. Fam. Code Ann. § 152.201 (Vernon 2002). I would therefore issue the requested writ.

Sarah B. Duncan, Justice

Publish

1. This original mandamus proceeding arises out of No. 2002-CI-11254, styled In the Matter of the Marriage of Mina Cha and Cameron J. Scheel, pending in the 408th Judicial District Court, Bexar County, Texas. The Honorable Janet Littlejohn, presiding judge of the 150th Judicial District Court, Bexar County, Texas, heard and ruled on the plea to the jurisdiction.