In re Meekins
550 S.W.3d 729
Tex. App.2018Background
- Child, C.G.M.-N., born in Texas (Sept. 2011). Original agreed SAPCR entered in Galveston County (Nov. 2013) naming Texas the child’s "home state," with joint managing conservators and Meekins having exclusive right to designate primary residence within Galveston County/contiguous counties; support ordered.
- Over time the child spent substantial periods in Illinois with father Nahorski; parties disputed exact residency history and time-splits.
- Nahorski filed a petition to modify custody/support (Mar. 2017) and moved to transfer the case to Cook County, Illinois. Meekins opposed and filed motions to strike and later motions to enforce possession / contempt.
- After a de novo hearing, the trial court granted Nahorski’s motion to transfer and stayed Texas proceedings pending Illinois court’s acceptance; it did not enter findings of fact.
- Meekins sought mandamus to (1) compel a hearing on her enforcement motion and (2) vacate the transfer order, arguing violation of UIFSA (child support) and the UCCJEA (child custody).
Issues
| Issue | Plaintiff's Argument (Meekins) | Defendant's Argument (Nahorski / Trial Court) | Held |
|---|---|---|---|
| Whether trial court abused discretion by failing to set a hearing on Meekins' enforcement (contempt) motion | Trial court refused to set/hear enforcement motions filed Aug. 2017 while Meekins alleged father was withholding the child | Court stayed proceedings under UCCJEA §152.207(c) when it found Illinois a more appropriate forum; stay made filings during stay ineffective | Denied relief on this point — no abuse: motions filed while the statutorily-mandated stay was in effect are ineffective until stay lifted |
| Whether Texas improperly transferred custody modification to Illinois under the UCCJEA | Texas retained exclusive continuing jurisdiction because child and mother maintained significant connections and substantial evidence remained in Texas | Father argued Texas was no longer home state/that Illinois was more appropriate forum given child’s residence and witnesses | Transfer of custody was within trial court’s discretion: court reasonably could find Illinois a more appropriate forum; court did not abuse discretion |
| Whether trial court erred by transferring child support modification to Illinois in violation of UIFSA | UIFSA vests continuing, exclusive jurisdiction in Texas so long as one party (here Meekins, the obligee) remains a Texas resident and no other state has modified the order | Father sought transfer; trial court transferred entire case to Illinois despite Texas being issuing state and Meekins’ Texas residence | Mandamus granted in part: trial court must vacate transfer as to child support — Texas retains continuing, exclusive jurisdiction under UIFSA |
| Whether Texas had jurisdiction to make the original custody determination (home-state) | Meekins: Texas was child’s home state at time of original SAPCR (child lived in Texas the six months prior to filing) | Nahorski: child lived principally in Illinois prior to original decree; jurisdictional facts disputed | Trial court implicitly found it had initial jurisdiction; appellate court declined to overturn because record contained conflicting evidence and trial court must resolve disputed facts |
Key Cases Cited
- In re Forlenza, 140 S.W.3d 373 (Tex. 2004) (UCCJEA: significant-connection/substantial-evidence framework for continuing jurisdiction)
- Powell v. Stover, 165 S.W.3d 322 (Tex. App. — Houston [14th Dist.] 2005) (home-state priority and physical-presence analysis under UCCJEA)
- Lesem v. Mouradian, 445 S.W.3d 366 (Tex. App. — Houston [1st Dist.] 2013) (UIFSA preserves issuing state’s exclusive continuing jurisdiction over support modification)
- In re J.B. Hunt Transp., Inc., 492 S.W.3d 287 (Tex. 2016) (mandamus standard: abuse of discretion and absence of adequate appellate remedy)
- In re Drake, 195 S.W.3d 232 (Tex. App. — San Antonio 2006) (appellate court may not substitute its judgment for trial court on discretionary factual findings in mandamus)