Candi Cooper v. David Johnston--Appeal from 250th District Court of Travis County

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State: Texas

Court: Texas Northern District Court

Docket No: 11-11-00110-CV

Case Date: 09/15/2011

Plaintiff: Candi Cooper

Defendant: David Johnston--Appeal from 250th District Court of Travis County

Preview:Opinion filed September 15, 2011

In The

Eleventh Court of Appeals
__________

No. 11-11-00110-CV __________ CANDI COOPER, Appellant V. DAVID JOHNSTON, Appellee

On Appeal from the 250th District Court Travis County, Texas Trial Court Cause No. D-1-FM-10-005696

MEMORANDUM OPINION Candi Cooper appeals from the trial court's order modifying the parent-child relationship between her and her son, Z.B.J. We affirm. Background Facts As demonstrated below, the facts of this case are unique. Cooper and David Johnston were divorced in 2007 in Upshur County, Texas. In the divorce decree, the 115th District Court of Upshur County appointed Cooper and Johnston as joint managing conservators of their child,

Z.B.J. The divorce decree provided that Cooper had the exclusive right to designate the primary residence of Z.B.J. within Upshur County or contiguous counties. Later, Johnston agreed to obtain a modified decree that would allow Cooper to move to Travis County with Z.B.J. Cooper paid Johnston her share of the expected expenses that would be necessary for Johnston to obtain the modified order. Cooper moved to Travis County with Z.B.J., but Johnston failed to obtain the modified decree. About eighteen months later, Johnston filed a petition to modify the divorce decree in Upshur County. In the petition, Johnston alleged that he should be appointed as the joint managing conservator with the right to primary possession of Z.B.J. Cooper moved to transfer venue of the cause to Travis County. Johnston opposed the transfer. The Upshur County district court entered an order denying Cooper's motion to transfer venue. Cooper sought mandamus relief from the Upshur County district court's order in the Texarkana Court of Appeals. The Texarkana Court of Appeals denied Cooper's petition for writ of mandamus because she had failed to provide the court with an adequate record. On August 9, 2010, Cooper filed a second petition for writ of mandamus in the Texarkana Court of Appeals. However, Cooper did not request the Texarkana Court of Appeals to stay the proceedings in the Upshur County district court. On that same day, a jury trial commenced in Upshur County on Johnston's petition to modify. The jury reached a verdict in the Upshur County trial on August 11, 2010. The jury found that the divorce decree should be modified to designate Johnston as the conservator with the exclusive right to designate the primary residence of Z.B.J. within Upshur County and adjacent counties. Before a judgment was entered on the jury's verdict, the Texarkana Court of Appeals issued its opinion in In re Cooper, 320 S.W.3d 905 (Tex. App.--Texarkana 2010, orig. proceeding). The Texarkana Court held that the transfer of venue from Upshur County to Travis County was mandatory under Section 155.201(b) of the Texas Family Code because Z.B.J. had resided in Travis County for six months or longer when Johnston filed his petition to modify. TEX. FAM. CODE ANN.

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