The memorandum opinion for In re Presley Michael Bloom (No. 04-25-00115-CV, delivered May 21, 2025) addresses a mandamus petition filed by Presley Michael Bloom, a North Carolina resident, challenging a Texas trial court’s jurisdiction over a child custody proceeding within a divorce case. Here’s a concise summary:
Key Points:
- Background: On October 10, 2024, the real party in interest filed for divorce in Bexar County, Texas, including a suit affecting the parent-child relationship (SAPCR). Bloom contested Texas jurisdiction over the child custody matter, arguing North Carolina was the children’s home state under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). A North Carolina child custody proceeding was already pending.
- Trial Court Action: On February 14, 2025, the Texas trial court denied Bloom’s plea to the jurisdiction, asserting jurisdiction over both the divorce and child custody proceedings.
- Mandamus and Stay: Bloom sought mandamus relief, and on February 26, 2025, the appellate court stayed the underlying proceedings. A UCCJEA conference between Texas and North Carolina courts was allowed to determine jurisdiction.
- UCCJEA Conference Outcome: On April 10, 2025, following the conference, the Texas court issued an order stating North Carolina had jurisdiction over the child custody proceeding, while Texas retained jurisdiction over the divorce.
- Appellate Ruling: The appellate court conditionally granted Bloom’s mandamus petition, ordering the trial court to:
- Vacate its denial of Bloom’s plea to the jurisdiction regarding the child custody proceeding.
- Sever the divorce proceeding from the SAPCR.
- Dismiss the SAPCR in Texas.
- The writ of mandamus will issue only if the trial court fails to comply.
Conclusion: The court upheld that North Carolina has jurisdiction over the child custody matter due to the pending proceeding and the UCCJEA’s home state rule, while Texas retains jurisdiction over the divorce. The stay was lifted, and the trial court was directed to take specific actions to align with the UCCJEA order.
