In re Rebecca Sparks--Appeal from 166th Judicial District Court of Bexar County

MEMORANDUM OPINION

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Paul W. Green, Justice

Karen Angelini, Justice

Delivered and Filed: January 14, 2004

PETITION FOR WRIT OF MANDAMUS DENIED

On October 27, 2003, relator filed a petition for writ of mandamus complaining of the trial court's failure to transfer a suit affecting the parent-child relationship to Guadalupe County pursuant to section 155.201 of the Texas Family Code. Tex. Fam. Code Ann. 155.201(b)(Vernon 1996). Although transfer is mandatory if the child has resided for six months or more in a county that is not the county with continuing jurisdiction, at the time the trial court ruled on the motion to transfer in this case, the motion did not allege nor was there any evidence in the record that the children had resided in Guadalupe County for the required six months. Accordingly, the trial court had no duty to grant the motion to transfer. This court has determined that the relator is not entitled to the relief sought. The petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a). Relator shall pay all costs incurred in this proceeding.

PER CURIAM

1. This proceeding arises out of Cause No.2000-CI-01336, styled In the Interest of A.E.S and C.E.S., Minor Children, pending in the 166th Judicial District Court, Bexar County, the Honorable Martha Tanner presiding. Although Judge Tanner is the permanent judge of the 166th District Court, relator complains of the rulings of the Honorable Andy Mireles, who signed the orders at issue in this proceeding.