In re Milton

I respectfully dissent. I would conditionally grant the writ of mandamus and order the Harris County trial court to vacate its orders and dismiss the case.

The Texas courts lack jurisdiction to entertain the underlying suit for a divorce and an initial child custody determination under the Uniform Child Custody and Jurisdiction Enforcement Act (“UCCJEA”). The suit should be dismissed for lack of subject matter jurisdiction and for failure of the plaintiff, real party in interest Jonathan Milton, to establish mandatory residency requirements necessary to maintain a suit for divorce.…