In Re B.A.F. Appeal from County Court at Law No 3 of Montgomery County (memorandum opinion per curiam)

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In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-22-00191-CV __________________ IN RE B.A.F. __________________________________________________________________ Original Proceeding County Court at Law No. 3 of Montgomery County, Texas Trial Cause No. 21-11-15570-CV __________________________________________________________________ MEMORANDUM OPINION In a petition for a writ of mandamus, Relator B.A.F. seeks mandamus relief from a temporary order that appoints the Department of Family and Protective Services as the temporary managing conservator of her nephew, N.D.M. B.A.F. argues that she is the child’s caregiver, the child was not properly removed from her care, and the trial court abused its discretion by allowing the Department to maintain conservatorship over N.D.M. rather than order that he be returned to her. We may grant the extraordinary relief of mandamus only when the trial court has clearly abused its discretion and the relator lacks an adequate appellate remedy. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-40 (Tex. 2004) (orig. 1 proceeding); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding); Dancy v. Daggett, 815 S.W.2d 548, 549 (Tex. 1991) (orig. proceeding). After reviewing Relator’s petition and the supporting record, we conclude that Relator has failed to establish she is entitled to the extraordinary relief sought in her petition. Accordingly, we deny the petition for a writ of mandamus. See Tex. R. App. P. 52.8(a). We deny the motion for temporary relief as moot. See Tex. R. App. P. 52.10. PETITION DENIED. PER CURIAM Submitted on July 13, 2022 Opinion Delivered July 14, 2022 Before Golemon, C.J., Kreger and Johnson, JJ. 2

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