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Patricia Narvaiz seeks to compel the judge of the 221st District Court, Montgomery County, Texas, to transfer a suit affecting the parent-child relationship (SAPCR) to Bexar County, Texas. Roy Brown, the real party in interest, filed the SAPCR in Montgomery County, claiming the minor resided with him. Patricia filed a motion to transfer venue, asserting the child lived with her in Bexar County. The trial court denied the motion, interpreting that venue could be based on shared possession, not strictly actual possession at the time of filing. The appellate court found the trial court abused its discretion, ruling that venue for an original SAPCR must be based on the parent having actual care, control, and possession of the child on the date the suit was filed. Therefore, the writ of mandamus is conditionally granted, compelling the transfer to Bexar County.
In Re Narvaiz is a workers' compensation case decided in Texas Court of Appeals, 9th District (Beaumont). This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Texas Court of Appeals, 9th District (Beaumont).
Full Decision Text1 Pages
Patricia Narvaiz seeks to compel the judge of the 221st District Court, Montgomery County, Texas, to transfer a suit affecting the parent-child relationship (SAPCR) to Bexar County, Texas. Roy Brown, the real party in interest, filed the SAPCR in Montgomery County, claiming the minor resided with him. Patricia filed a motion to transfer venue, asserting the child lived with her in Bexar County. The trial court denied the motion, interpreting that venue could be based on shared possession, not strictly actual possession at the time of filing. The appellate court found the trial court abused its discretion, ruling that venue for an original SAPCR must be based on the parent having actual care, control, and possession of the child on the date the suit was filed. Therefore, the writ of mandamus is conditionally granted, compelling the transfer to Bexar County.
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