Texas Court of Appeals - BY: Crystal T.

Link for Opinion:  http://www.supreme.courts.state.tx.us/ebriefs/11/11089101.pdf

The Texas Court of Appeals states there is no citation for this opinion yet. 

Richard Hompesch, III. and Carrie Dean were married September 2010.  The couple separated 19 days after they were married, and Carrie who was already pregnant with Richard’s child moved to New Mexico without notifying Richard of this decision.  In February 2011, Richard filed for divorce in Dallas County.  Richard also filed a child custody proceeding in Texas before their child was born, and Carrie filed her own child custody proceeding in New Mexico after the child was born.  Carrie gave birth to a son in New Mexico, and he has lived with Carried in New Mexico since his birth.  Richard feels the right to have shared custody, and feels that Texas is the home jurisdiction, and that Carrie and their son should have to move back to Texas in order to share custody. 

Carried alleges that New Mexico is her son’s home state, because her son was born in New Mexico and has spent his whole life there, even though it has only been 5 months at the time.  Under the Uniform Child Custody Jurisdiction and Enforcement (UCCJEA), which is adopted by both Texas and New Mexico, says that New Mexico has jurisdiction to hear the child custody proceeding. However, a Texas trial court found it also had jurisdiction over the child custody proceeding.  Because Richard had filed the custody proceeding in Texas before the child was born, and Carrie answered it, a Texas court issued temporary orders regarding the child and New Mexico dismissed its case. 

On September 27, 2011 as Associate Judge ordered that Texas had and retained jurisdiction. The UCCJEA provides that it has exclusive jurisdiction basis for making a child custody determination.  Also there may be a court that has jurisdiction over a divorce, but not over a child custody determination.  This case questions the interpretation of the jurisdiction provisions of the UCCJEA. 

The Court concludes that a mandamus should be granted to render a correct judgment that the previous trial courts orders are void, that Texas lacks the subject matter to hear a child custody case, and that the trial court issuing the order dismiss the child custody proceeding.  New Mexico should have jurisdiction of the child custody proceeding.