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In re Forlenza

140 S.W.3d 373 (2004)

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In re Forlenza

Texas Supreme Court

140 S.W.3d 373 (2004)

Facts

Ann Forlenza (plaintiff) and Robert Forlenza (defendant), who had two minor children together, were divorced in Texas. The following year, the trial court entered a modification order giving Robert primary custody of the children and the exclusive right to establish their primary residence. Over the next five and a half years, Robert and the children lived in four states other than Texas while Ann remained in Texas. Robert planned to pursue a job in Taiwan. Ann brought suit for modification of her possession rights. The record showed that the children had visited Ann in Texas six times over the previous four-year period. In four of those cases, the children stayed with Ann for approximately one month. Robert moved to dismiss on the ground that the Texas trial court no longer had exclusive continuing jurisdiction over the custody proceedings. The trial court denied the motion. Robert petitioned the court of appeals for a writ of mandamus. The court of appeals granted the petition, ordering the trial court to dismiss the case. Ann appealed. The Texas Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (O’Neill, J.)

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