in Re: Joseph Daniel Monk ( 2004 )

Petition for Writ of Mandamus Denied and Memorandum Opinion filed May 4, 2004

Petition for Writ of Mandamus Denied and Memorandum Opinion filed May 4, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-04-00241-CV

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IN RE JOSEPH DANIEL MONK, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On March 18, 2004, relator filed a petition for writ of mandamus in this Court.  See Tex. Gov=t. Code Ann. ' 22.221 (Vernon Supp. 2004); see also Tex. R. App. P. 52.  In his petition, relator seeks to have this Court compel the Honorable Annette Galik to vacate her order signed November 21, 2003, declining jurisdiction over relator=s motions to enforce and to modify terms of conservatorship over his minor child. After an evidentiary hearing, the trial court determined that Iowa was a more appropriate form to consider relator=s motions.  See Tex. Fam. Code Ann. ' 152.207 (Vernon 2002) (permitting court to decline jurisdiction in child custody case when Texas is an inconvenient forum). 

Mandamus is an extraordinary remedy that will issue only to correct a clear abuse of discretion or the violation of a legal duty when there is no adequate remedy at law.  In re Masonite Corp., 997 S.W.2d 184, 197 (Tex. 1999) (orig. proceeding).  Specifically, in family law cases, a trial court=s refusal to exercise jurisdiction over a suit affecting the parent-child relationship will not be disturbed absent a clear abuse of discretion.  Coots v. Leonard, 959 S.W.2d 299, 301 (Tex. App.CEl Paso 1997, no pet.).

Relator has not established that the trial court abused its discretion in declining jurisdiction. Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed May 4, 2004.

Panel consists of Chief Justice Hedges and Justices Frost and Guzman.