(DOWNLOAD) "Powell V. Earlstover" by In the Supreme Court of Texas * Book PDF Kindle ePub Free
eBook details
- Title: Powell V. Earlstover
- Author : In the Supreme Court of Texas
- Release Date : January 27, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
This is an initial child-custody case in which both Texas and Tennessee claim jurisdiction. We must decide whether Texas is the child's "home state" for purposes of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and thus whether the Texas trial court properly assumed jurisdiction over the case. We hold that, because the child lived in Tennessee with his parents for at least six consecutive months immediately before the child-custody proceeding was commenced, Texas is not the child's home state and the trial court's exercise of jurisdiction was improper. Accordingly, we conditionally grant the petition for writ of mandamus and order the trial court to stay this proceeding and communicate with the Tennessee court. If the Tennessee court does not determine that Texas is a more appropriate forum, the trial court shall dismiss this proceeding. The writ will issue only if the trial court does not comply.