Geary v. Peavy

•PER CURIAM.

In this original mandamus proceeding arising from an interstate child custody dispute, relator challenges the jurisdiction of the Texas courts to adjudicate custody. Because we conclude that the trial court was precluded from exercising jurisdiction, and because under the circumstances of this case relator is entitled to raise this issue by mandamus, we conditionally grant the writ.

Felicia and Natasha Schlaepfer, twins who are now five years old, were orphaned on September 2, 1993, when their father Robert Schlaepfer died. The twins’ mother had predeceased Robert. The children…