Soto-Ruphuy v. Yates

OPINION

This is an original mandamus and prohibition proceeding involving the issue of whether a Texas district court may exercise its continuing jurisdiction to modify its original child custody decree concerning a child whose home state is now California. Since we hold that the respondent district judge improperly assumed jurisdiction in this custody matter, we will conditionally grant the writs of mandamus and prohibition.

Relator, Nelly Soto-Ruphuy, and Ernesto Hernandez, real party in interest, were divorced on April 4, 1977, in the 45th Judicial District Court of Bexar County, Texas. The…