Opinion
No. 10-03-321-CV
Order issued and Filed December 19, 2003.
Original Proceeding.
Before Chief Justice GRAY, Justice VANCE, and Judge McGREGOR (Sitting by Assignment).
F.B. (Bob) McGregor, Jr., Judge of the 66th District Court of Hill County, sitting by assignment of the Chief Justice of the Texas Supreme Court pursuant to section 74.003(h) of the Government Code. See Tex. Gov't Code Ann. § 74.003(h) (Vernon Supp. 2004).
MEMORANDUM OPINION
Relator, Charlotte D. Oliver, seeks a writ of mandamus compelling Respondent, the Honorable Alan Mayfield, Judge of the 74th District Court of McLennan County, to grant her motion to transfer venue of a suit to modify the child support provisions of a divorce decree. Her motion to transfer venue, admittedly filed before her motion to modify, is based on her daughter's residency in Brazos County for more than six months. A supplemental document related to the desired transfer was filed some sixty-eight days after the Petition to Modify was filed. Real Party in Interest, Gary Oliver, contends transfer of venue to Brazos County is not mandatory because Charlotte filed her motion to transfer venue prior to filing her motion to modify. We disagree. See TEX. FAM. CODE ANN. § 155.201(b) (Vernon 2002). Accordingly, we conditionally grant the requested writ of mandamus. The writ will issue if the Respondent fails to advise this Court within ten days of the date of this opinion that he has granted the motion to transfer venue.
Writ conditionally granted.