TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-25-00750-CV
C. R. F., Appellant
v.
Texas Department of Family and Protective Services, Appellee
FROM THE 155TH DISTRICT COURT OF FAYETTE COUNTY
NO. 2024V-025, THE HONORABLE JEFF R. STEINHAUSER, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
After the Court issued its memorandum opinion and judgment in this case, C.R.F.
filed a motion for rehearing asserting, for the first time, that the Court lacks subject-matter
jurisdiction over this case and requesting that the case be dismissed for want of jurisdiction.
C.R.F. challenges the trial court’s finding, set forth in its Order of Termination, that “no other
court had continuing, exclusive jurisdiction of this case.” C.R.F. argues that there is no evidence
in the record to support that finding and that there was evidence presented at trial suggesting that
a court in New Mexico had issued a custody determination involving C.R.F.’s children. At trial,
C.R.F. testified that she had been arrested in New Mexico for custodial interference. This
evidence raises the possibility that a New Mexico court had previously made a custody
determination involving at least one of C.R.F.’s children. If a New Mexico court had previously
issued a custody determination involving C.R.F.’s children, the trial court could not have modified the New Mexico court’s child custody determination while exercising temporary
emergency jurisdiction. See Saavedra v. Schmidt, 96 S.W.3d 533, 548-49 (Tex. App.—Austin
2002, no pet.) (“We reiterate that the trial court’s assumption of temporary emergency
jurisdiction does not include jurisdiction to modify the California court’s child
custody determination.”).
In its original petition, the Texas Department of Family and Protective Services
stated that, in accordance with Texas Family Code section 155.101, it would “request that the
Vital Statistics Unit identify the court that last had continuing, exclusive jurisdiction, or confirm
that the children have not been the subjects of a suit resulting in a court of continuing
jurisdiction.” See Tex. Fam. Code § 155.101(a) (requiring petitioner or court to request from
vital statistics unit identification of court that last had continuing, exclusive jurisdiction of child);
(b) (requiring vital statistic unit to identify court that last had continuing, exclusive jurisdiction
of child or state that child has not been subject of suit). Although the trial court’s Order of
Termination includes a finding that “a request for identification of a court of continuing,
exclusive jurisdiction has been made as required by Section 155.101,” the record does not
include a response to this request from the vital statistics unit.
We cannot discern from the evidence presented at trial or from the record whether
a custody determination regarding C.R.F.’s children has been made by a court in New Mexico or
whether a New Mexico court has continuing, exclusive jurisdiction over C.R.F.’s children. This
unresolved fact may affect our subject-matter jurisdiction over this appeal. In similar instances,
appellate courts have abated pending appeals and remanded unresolved jurisdictional fact
questions to the trial court for resolution. See State v. White, 248 S.W.3d, 310, 314 (Tex. App.—
Austin 2007, no pet.) (abating for findings of fact regarding date notice of appeal signed); Peavy
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v. Texas Home Mgmt., Inc., 16 S.W.3d 104, 105 (Tex. App.—Houston [1st Dist.] 2000, no pet.)
(abating for findings of fact on when counsel received notice of appellate judgment).
Accordingly, we abate the appeal and remand the cause to the district court to take evidence and
make written findings regarding the existence and nature of any prior suit involving custody
issues related to C.R.F.’s children. A supplemental record containing the district court’s written
findings and a transcription of any hearing shall be filed in this Court no later than twenty days
after the date of this opinion.
It is so ordered on June 17, 2026.
Before Chief Justice Byrne, Justices Crump and Ellis
Abated and Remanded
Filed: June 17, 2026
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