Court of Appeals of Texas, Fourth District, San Antonio
Original Mandamus Proceeding 
Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa,
Justice Liza A. Rodriguez, Justice
Patricia O. Alvarez, Justice
original proceeding, Relator J.B. (Mom) seeks a petition for
writ of mandamus to direct Respondent, the Honorable Ron
Carr, to grant her plea to the jurisdiction and dismiss a
SAPCR filed by Real Party in Interest P.S. (Step-Mom).
Step-Mom failed to show that she has standing under section
102.003 of the Family Code, we will conditionally grant the
petition for writ of mandamus.
Mom was married to R.S. (Dad), she gave birth to two
children. After Mom and Dad divorced, Dad married P.S., who
became the children's step-mother. Following a motor
vehicle accident, Dad died on January 31, 2019.
March 15, 2019, Step-Mom filed an original petition in a suit
affecting the parent-child relationship (SAPCR) seeking
possession of, and access to, the two children. In her
original petition, Step-Mom alleged she and Dad married on
December 15, 2014, and, since that date, she "actively
and consistently participated in the children's lives,
attending various school and extracurricular activities,
spending a significant amount of time with the children both
with and without their father's presence."
filed a plea to the jurisdiction arguing Step-Mom did not
have standing, and the trial court held a hearing on the
hearing,  Step-Mom testified the children had their
own bedroom and bathroom in her house, and their own clothes,
beds, toys, and bicycles. On the weekends that Dad had
visitation, either Step-Mom or Dad would pick the children up
from school on Friday and bring them to her house where she,
Dad, and the children would have dinner. The children spent
their visitation weekends (the first, third, and fifth
weekends) with Step-Mom and Dad beginning on
December 15, 2014. Step-Mom and Dad briefly separated in
January and February 2018 during which time Dad lived at his
mother's house and the children visited with Dad there.
Visitation resumed with Step-Mom and Dad from April 2018 to
January 31, 2019, the date of Dad's death.
testified that on some of Dad's weekends, Dad would pick
up the children from school and take them to his mother's
house and visit with them there. During the summer, Dad would
sometimes pick up the children a few days earlier than the
Friday of his visitation weekend.
trial court denied Mom's plea to the jurisdiction and
signed temporary orders granting Step-Mom possession of, and
access to, the children.
21, 2019, Mom filed a petition for writ of mandamus and an
emergency motion to stay the temporary orders. After we
stayed the temporary orders, Step-Mom filed a response, Mom
filed a reply, and Step-Mom filed a sur-response.
considered the petition, response, reply, and sur-response,
we conclude Mom is entitled to the requested ...