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Click here for the full text of this decision FACTS:Relator Linda J. Barnes filed a petition for writ of mandamus challenging the trial court’s assumption of subject matter and personal jurisdiction in this child custody dispute. Robert and Linda Barnes were a married couple living in Virginia when both were deployed on military duty. From his birth in May 2001 to sometime in October 2002, their son A. J. lived with them in Virginia. By agreement, the Barneses executed a power of attorney for Linda’s mother, Patti Jayne Traynor, to take custody of A. J. while they were deployed. Traynor lives in Utah and A. J. lived with her there beginning sometime in October 2002. In early 2003, Robert Barnes separated from the military and returned to his hometown of Kerrville, Texas. On April 1, 2003, Robert Barnes filed for divorce in Kerr County. On April 2, the Kerr County district court issued an ex parte order for a writ of attachment for A. J. to be produced in court on April 16 for a custody hearing. Robert Barnes attempted to serve Linda Barnes with the petition for divorce but was unsuccessful. Traynor refused to comply with the writ and on April 16, the writ of attachment was extended indefinitely. In the meantime, on April 8, Traynor filed for custody of A. J. in Utah. The Utah court issued a temporary restraining order on April 10 prohibiting Robert Barnes from taking custody of A. J. until a hearing could be held. On April 28, the Utah court held a hearing and ordered that the Texas writ would be given full faith and credit. When Linda Barnes appeared for the hearing, Robert Barnes served her with the Texas petition for divorce. Traynor then withdrew her petition for custody. Linda Barnes filed a petition for divorce in Utah on April 30, 2003. On May 16, the Texas court held a hearing and issued temporary orders, impliedly denying Linda Barnes’s special appearance and motion to dismiss the custody issues for lack of jurisdiction. HOLDING:The court conditionally grants the writ of mandamus with respect to the temporary orders regarding custody, visitation, child support, property outside the state, or other personal obligations imposed on Linda Barnes. It does not appear the Utah court made a decision to decline jurisdiction over the custody matter. Even if it has, Virginia is still a proper forum for the custody matters. Until both Virginia and Utah have declined jurisdiction in favor of Texas, Texas is not authorized to take jurisdiction over A. J.’s custody determination. Texas Family Code �152.201(a)(2, 3). Linda Barnes preserved her right to assert lack of personal jurisdiction in the trial court by filing a special appearance. Whatever her motivation in designating Texas as her state of residence might have been, Linda Barnes never resided in this state, nor did she have any but the slightest contact with this state. Considering the nature and quality of Linda Barnes’s contact with this state, the trial court abused its discretion in denying the special appearance and issuing temporary orders imposing personal obligations on Linda Barnes. The trial court may have jurisdiction under the Family Code to grant the divorce and to divide any community property within the state; neither party briefed this issue in the mandamus proceeding. However, the trial court had no personal jurisdiction over Linda Barnes to impose child support, division of property outside the state, or other decrees involving personal obligations. Further, the trial court had no subject matter jurisdiction over the custody issues involving A. J. OPINION:Green, J.; Stone, J., Green and Angelini, JJ.

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