Opinion
NO. 09-13-00150-CV
04-25-2013
IN RE LATITIA ADELLE JOHNSON BARNARD
Original Proceeding
MEMORANDUM OPINION
In a petition for writ of habeas corpus, Latitia Adelle Johnson Barnard seeks to compel Julius Marion Barnard III to return their three children to her. See generally Tex. Fam. Code Ann. § 157.371 (West 2008). This Court lacks original jurisdiction of a habeas proceeding for the return of a child. See id.; see also In re McLane, No. 01-08-00763-CV, 2009 WL 4358857, at *2 (Tex. App.—Houston [1st Dist.] Nov. 30, 2009, orig. proceeding) (mem. op.). We dismiss relator's petition for writ of habeas corpus.
The parties' 2008 divorce decree gave relator the right to designate the primary residence of the children, but in a pending suit seeking to modify and to terminate the parent-child relationship, the trial court signed temporary orders limiting relator's access to the children to specific periods of visitation.
PETITION DISMISSED.
PER CURIAM Before McKeithen, C.J., Kreger and Horton, JJ.