Venue Case

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By Michael P. Granata on Nov 15, 2024

Posted in Divorce

Venue Case-image

Interesting case about how the mandatory transfer provision applies when you violate the terms of a residency restriction. Short version: it doesn’t. Google Update

IN RE CHRISTON

Background: Following entry of final decree of divorce, former husband moved to modify decree and sought enforcement of residential geographical restriction imposed upon former wife. Former wife moved to transfer venue. The 472nd District Court, Brazos County, George J. Wise, J., denied former wife’s motion to transfer venue. Former wife sought mandamus relief.

The Court of Appeals held that:

1. transfer of venue to county not listed in divorce decree’s list of counties in which child’s primary residence could be established was not permitted, and

2. former wife’s conduct constituted waiver of right to give notice of transfer of jurisdiction.

Writ denied

CJ Gray, filed dissenting opinion.

Michael P. Granata
Michael P. Granata

The Law Office of Michael P. Granata of Dallas, Texas, is a Dallas law office specializing in Dallas divorce, paternity and family law. As a Dallas divorce attorney I strive to timely resolve your case in a prompt and expeditious manner. Please click the link on “Our Practice Areas” page to learn about the different types of cases we handle. If you are seeking a Dallas divorce attorney who provides quality legal service and has a tradition of integrity and technical expertise then you have arrived at the right place. We handle all types of divorces from simple uncontested divorces to complex marital property cases, from simple visitation/possession issues to contested child custody proceedings. As a divorce attorney, Michael P. Granata will aggressively represent your interests to obtain any and all relief.