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Click here for the full text of this decision FACTS:Jessie Silvas appeals the trial court’s decision to maintain jurisdiction and render judgment in this suit affecting the parent-child relationship. At issue is the court’s denial of Silvas’ motion to transfer venue to Reeves County based on the trial court’s finding that Silvas’ petition for divorce, filed in Reeves County, was a sham designed to divest the Bexar County district court of jurisdiction. HOLDING:Affirmed. Texas Family Code �155.201(a) requires a certain factual showing before the mandatory duty to transfer a case is triggered. First, only a dissolution of the marriage of both parents of the child involved in the continuing Suit Affecting Parent Child Relationship (SAPCR) will mandate transfer. However, whether Romero and Silvas are the parents of M.A.S. is not at issue in this appeal, because the trial court found that Silvas and Romero are the biological parents of M.A.S. The statute additionally presumes the existence of a marriage subject to dissolution before the mandatory venue transfer provisions take effect. However, the trial court determined in its findings of fact and conclusions of law that Silvas had previously filed documents judicially admitting that he and Romero are not married. Silvas filed a petition for divorce in Reeves County a mere three days before the scheduled trial of the Bexar County SAPCR, and only after all other efforts to dismiss or transfer the suit were unsuccessful. The allegations of marriage in the Reeves County divorce petition were directly contrary to all prior assertions of nonmarriage. The trial court reasonably determined that the evidence in the case was contrary to a “showing that a suit for dissolution of the marriage of the child’s parents has been filed in another court,” �155.201(a), and thus the court properly denied the requested motion to transfer venue to Reeves County. OPINION:Stone, J.; Stone, Angelini and Simmons, J.

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