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In re Bellamy

As long as one parent still lives in the original decree state, that state is the only one which can determine whether jurisdiction continues.

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OPINION

Cindy Bellamy appeals the trial court’s order continuing her and Dan Bellamy as joint managing conservators of their minor child, Shannon Danielle Bellamy (Danielle), and ordering Dan to have primary possession of Danielle and the sole right to establish her residence.

Cindy raises three points of error. She first contends Texas courts lack subject matter jurisdiction over this case because she and Danielle are residents of Louisiana, and under Family Code Section 155.003(b)(1), *fn1 Texas may no longer exercise its exclusive, continuing jurisdiction over the case, and that Section 155.003 was not repealed by or is not in conflict with Family Code Section 152.202. *fn2 In her second point, Cindy contends that, if Section 152.202 of the Texas Family Code applies, then under this section, Texas no longer maintains exclusive, continuing jurisdiction because substantial evidence is no longer available in Texas concerning Danielle’s care, protection, training, and personal relationships. Finally, Cindy contends the trial court lacked jurisdiction because Dan failed to adequately show jurisdiction in his pleadings.

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