In re Rachel Leeann Raisor

Summary

The Ninth Court of Appeals of Texas denied Rachel Leeann Raisor’s petition for a writ of prohibition and motion for temporary relief. The court held that the trial court retained continuing jurisdiction under the Texas Family Code to consider a modification or clarification of possession and access during the pending appeal of a prior SAPCR modification order.

Holdings

1. A trial court retains continuing jurisdiction over the SAPCR and may proceed with a suit seeking modification based on a material and substantial change in circumstances while an appeal from an earlier SAPCR modification order is pending.
2. The relator did not establish that the trial court lacked continuing jurisdiction or that the scheduled proceedings interfered with the Ninth Court of Appeals' jurisdiction; therefore, a writ of prohibition was not warranted.
3. The motion for temporary relief was denied.

Questions Presented

1. Whether the trial court retained continuing jurisdiction under the Texas Family Code to consider a new suit to modify or clarify possession and access while an appeal from an earlier SAPCR modification order was pending.
2. Whether the scheduled trial-court proceedings interfered with the Ninth Court of Appeals' jurisdiction so as to warrant a writ of prohibition.
3. Whether temporary relief staying the trial-court proceedings should be granted.

Disposition

writ_denied