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Davis v. Guerrero

Although Texas was not the child's home state at the inception of this suit, Texas courts could properly exercise jurisdiction over her in a suit affecting the parent-child relationship if she and at least one parent or person acting as a parent have a significant connection with Texas other than mere physical presence, and substantial evidence is available here concerning her care, protection, training and personal relationships.

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This appeal concerns the propriety of a district court’s modification of an order in a suit affecting the parent-child relationship (“Kansas order”). B. Shannon Davis and Susan Davis contend that the district court should have abated its consideration of the Kansas order in deference to the existence in the county court at law of a guardianship order and a motion to revoke that guardianship. We conclude that the district court should not have modified the Kansas order until the guardianship issue was resolved; accordingly, we conclude that the district court erred by awarding attorney’s fees against appellants. We vacate the modification order and remand the cause.

BACKGROUND

Collette Davis was born to Julie Guerrero (“Julie” *fn1 ) and Luis A. Rios in December 1993. The primary contestants for custody are Julie and her parents, the Davises. Collette moved eleven times among four states before her sixth birthday due to her maternal grandfather’s military career and her mother’s tempestuous relationship with Roman Guerrero. Custody of Collette was the subject of a Kansas order and a Texas guardianship. Though the points of error in this case are essentially procedural, the following factual background gives context to the disputed court actions.

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