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Tippy v. Walker

Supreme Court of Texas
Jan 5, 1994
865 S.W.2d 928 (Tex. 1994)

Summary

construing prior version of Section 155.201

Summary of this case from In re R.H.

Opinion

No. D-4152.

November 17, 1993. Rehearing Overruled January 5, 1994.

Appeal from the 279th District Court, Jefferson County

Connie Moore, Houston, for relator.

Steve Carlton, Orange, for respondent.


This petition for writ of mandamus raises the issue of whether the six months residency period for mandatory transfer of venue in child custody modification motions under TEX.FAM.CODE Sec. 11.06(b) only begins to run after the original custody decree is signed, or at the earlier date when the child's actual residency in the different county begins. Here the facts are that although the child had continuous residency with the mother in Harris County for fifteen months prior to her filing of the motion to transfer venue, the motion was filed less than six months after Judge Walker actually signed the original final custody order.

The respondent and real party in interest have had notice and opportunity to respond, but have offered no argument beyond that advanced in the trial court — that the six months only begins to run after the decree is finally signed. We previously implicitly held that residency runs from the earlier date in holding that transfer was mandatory in Arias v. Spector, 623 S.W.2d 312 (Tex. 1981). In our computation in Arias we included part of the pre-judgment residency period to reach the required total residency then specified in section 11.06(b). We now make that implicit holding explicit.

After review of the record and consideration of all argument submitted herein, it is the opinion of a majority of the court that relator is entitled by law to relief. Without hearing oral argument, a majority of the court directs that Judge Walker shall transfer the pending motion to modify to a District Court of Harris County. TEX.R.APP.P. 122. The writ of mandamus is conditionally issued. The clerk of this court shall issue it to Judge Walker if, and only if, he fails or refuses to comply with this opinion. Nothing in this opinion affects the validity of any temporary or emergency orders Judge Walker may have heretofore issued.


Summaries of

Tippy v. Walker

Supreme Court of Texas
Jan 5, 1994
865 S.W.2d 928 (Tex. 1994)

construing prior version of Section 155.201

Summary of this case from In re R.H.

construing prior version of section 155.201

Summary of this case from In re Powell
Case details for

Tippy v. Walker

Case Details

Full title:Bao "Michelle" Chau Henderson TIPPY, Relator, v. The Honorable Robert P…

Court:Supreme Court of Texas

Date published: Jan 5, 1994

Citations

865 S.W.2d 928 (Tex. 1994)

Citing Cases

In re R.H.

Powell, 79 S.W.3d at 816. In Tippy v. Walker, the Texas Supreme Court held that the six-month residency…

In re Wilson

The six-month residency period under this mandatory venue statute begins when the child's actual residency in…