Ausmus v. Fitzgerald

THOMPSON, Presiding Judge.

John Ausmus (“the father”) petitions this court for a writ of mandamus directing *407the Madison Circuit Court (“the trial court”) to vacate its order awarding Rachael Ann Ausmus Fitzgerald (“the mother”) temporary physical custody of the parties’ minor child (“the child”), pending further order of the trial court. For the reasons set forth below, we grant the petition.

The materials submitted to this court indicate the following facts. The parties were divorced in Texas in 2005; pursuant to the parties’ divorce judgment, the mother had the exclusive right to designate…