In Re Whitney Elaine LAWSON, 2011 Tex. App. LEXIS 8810

Whitney Lawson and Jay Lackmeyer are divorced with a child H.L. and were appointed joint managing conservators; Whitney has exclusive right to designate primary residence within 100 miles.
The final decree allowed McLennan County as residence after August 1, 2011; since 2009, H.L. has resided in McLennan County.
On August 3, 2011, Whitney filed a Motion to Transfer and Petition to Modify in Bexar County seeking transfer to McLennan County under Chapter 155.
Also on August 3, 2011, Jay filed a Motion for Enforcement of Possession/Access regarding the 100-mile relocation requirement.
On September 1, 2011, a hearing occurred; Jay did not dispute H.L.’s residence in McLennan for six months, but asserted the decree’s temporary residence rule did not mandate transfer.
The trial court denied Whitney’s transfer motion on September 15, 2011; Whitney petitioned for writ of mandamus.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion failing to transfer	Lawson: mandatory transfer under Fam. Code 155.201	Lackmeyer: residence was temporary under decree; not mandatory	Yes; mandatory transfer required; writ granted

In re Prudential Ins. Co. of Am., 148 S.W.3d 124 (Tex. 2004) (mandamus relief when law misapplied or abused)
Walker v. Packer, 827 S.W.2d 833 (Tex. 1992) (orig. proceeding standard for abuse of discretion)
In re Kramer, 9 S.W.3d 449 (Tex. App.—San Antonio 1999) (mandatory venue transfer when child residence is six months+)
Proffer v. Yates, 734 S.W.2d 671 (Tex. 1987) (originating authority for mandamus when venue transfer mandatory)
Leonard v. Paxson, 654 S.W.2d 440 (Tex. 1983) (child’s residence dictates venue to hearing county)