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Myron D. Lester, the relator, challenged a trial court's decision to deny his motion to transfer a child custody suit from Jefferson County to Fort Bend County. Lester argued that Essene Bell's motion to modify a Maryland divorce decree, which incorporated but did not merge a custody agreement, constituted an 'original proceeding' under the Texas Family Code, necessitating a transfer. The Court of Appeals, Ninth District of Texas at Beaumont, determined that the Maryland decree's provision for custody, even through an unmerged agreement, qualified as a 'child custody determination.' Therefore, Bell's suit was a 'modification proceeding,' and Lester failed to meet the statutory requirement of proving the child resided in Fort Bend County for six months or longer for a mandatory transfer. Consequently, the appellate court denied Lester's petition for mandamus relief.
in Re Myron D. Lester is a workers' compensation case decided in Texas Court of Appeals, 9th District (Beaumont). This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Texas Court of Appeals, 9th District (Beaumont).
Full Decision Text1 Pages
Myron D. Lester, the relator, challenged a trial court's decision to deny his motion to transfer a child custody suit from Jefferson County to Fort Bend County. Lester argued that Essene Bell's motion to modify a Maryland divorce decree, which incorporated but did not merge a custody agreement, constituted an 'original proceeding' under the Texas Family Code, necessitating a transfer. The Court of Appeals, Ninth District of Texas at Beaumont, determined that the Maryland decree's provision for custody, even through an unmerged agreement, qualified as a 'child custody determination.' Therefore, Bell's suit was a 'modification proceeding,' and Lester failed to meet the statutory requirement of proving the child resided in Fort Bend County for six months or longer for a mandatory transfer. Consequently, the appellate court denied Lester's petition for mandamus relief.
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