Rodriguez v. McFall

This is an original mandamus proceeding brought by Mary Helen Rodriguez requesting a writ of mandamus directing the Honorable John R. McFall, sitting as Judge of the 237th District Court of Lubbock County, to grant a writ of habeas corpus ordering that she have immediate custody of the minor child Richard Anthony Rodriguez. We conditionally grant the writ.

Richard Anthony Rodriguez is the son of relator and Richard D. Rodriguez. The mother and father had been separated for almost two years and a divorce proceeding was pending. No custody orders, temporary or otherwise, had been issued in the…