Cruz v. Scanlan

OPINION

COHEN, Justice.

Relator Jose Cruz asks this court to issue a writ of mandamus directing the probate court to vacate an order naming a temporary guardian.

Relator is the stepfather of two children whose mother died on April 18, 1984. In its order of September 28, 1984, the probate court appointed as temporary guardian the children’s aunt, Shiren Lucits Dean. Relator challenges the authority of the probate court to name the temporary guardian, because on August 30, 1984, he had filed a petition for termination and adoption in the 257th Family District Court. This court granted leave to…