in Re Cameron Jay Scheel

dissenting on relator’s motion to reconsider.

At issue is whether the trial court has jurisdiction to make child custody determinations under section 152.201 of the Texas Family Code. It is undisputed that Scheel’s and Cha’s children lived with them in Maryland for the six months before Cha filed the underlying divorce proceeding. Therefore, Maryland, not Texas, is the children’s home state. See Tex. Fam.Code Ann. § 152.102(7) (Vernon 2002). Since the Maryland courts have not declined jurisdiction, the Texas courts do not have jurisdiction to make custody determinations. See Tex. Fam.Code Ann. § 152.201 (Vernon 2002). I would therefore issue the requested writ.