In Re: Jeremy Wayne Atkins v. the State of Texas

ACCEPTED
05-25-01085-CV
FIFTH COURT OF APPEALS
DALLAS, TEXAS
8/21/2025 10:48 AM
RUBEN MORIN
05-25-01085-CV CLERK

IN THE FIFTH COURT OF APPEALS
FILED IN
DALLAS, TEXAS 5th COURT OF APPEALS
DALLAS, TEXAS
8/21/2025 10:48:32 AM
In re Jeremy Wayne Atkins, Relator
Ruben Morin
Cause No. [to be assigned] Clerk

ORIGINAL PETITION FOR WRIT OF MANDAMUS
TO THE HONORABLE JUSTICES OF THE FIFTH COURT OF APPEALS:

Identity of Parties
Relator is Jeremy Wayne Atkins, pro se, the subject of the trial court’s August 19, 2025
orders in Hunt County Cause No. 93167. Respondent is the Honorable Judge of the 354th
Judicial District Court of Hunt County, Texas, who signed the challenged order. Real Party in
Interest is Hoa Minh Nguyen, the opposing party in the divorce and SAPCR proceedings.

Jurisdiction and Procedural Posture
This petition arises directly out of Cause No. 93167 in the 354th District Court of Hunt
County. Relator has already perfected an appeal of the August 19, 2025 orders in that cause,
now pending before this Court. This mandamus proceeding is therefore ancillary to, and
will be rolled into, the appellate record in Case No. 93167. Reliefis sought only to preserve
the status quo and prevent enforcement of a void judgment while the appeal proceeds.

Statement of Facts
1. On August 19, 2025, the 354th District Court signed final orders in Cause No. 93167
imposing $23,175 in retroactive child support arrears and over $19,000 in attorney’s
fees.
2. By September 2024, the minor child had resided continuously in Rockwall County for
over six months. Relator filed at least sixteen motions and notices to transfer venue
under Texas Family Code § 155.201(b). Despite the statute’s mandatory language, the
trial court refused to transfer and instead entered judgment.
3. The divorce decree had previously set child support at zero. No modification petition
was filed, and no evidentiary hearing occurred as required by Family Code §§ 156.401,
154.009. Nonetheless, the court retroactively imposed arrears without evidence of
income.
4. The court further entered a finding of “family violence” directly contradicting the prior
decree, without police reports, medical records, or sworn testimony.
5. The resulting arrears judgment subjects Relator to immediate passport denial and
revocation under 42 U.S.C. § 652(k) and 22 C.F.R. § 51.60(a)(8). Relator resides outside
the United States and faces imminent loss of lawful status, deportation risk, and foreign
criminal penalties.
Argument

A. Venue Transfer Was a Ministerial Duty
Section 155.201(b) imposes a nondiscretionary duty to transfer SAPCR proceedings when
the child has resided in another county for six months. Respondent’s refusal to transfer
deprived the court of jurisdiction. Orders entered without jurisdiction are void, and
mandamus is the appropriate remedy.

B. Retroactive Child Support Exceeded Jurisdiction
Family Code §§ 156.401 and 154.009 bar retroactive modification absent a proper petition
and evidentiary showing. No such procedure occurred. The order therefore constitutes a
clear abuse of discretion and exceeds lawful authority.

C. Finding of “Family Violence” Lacked Evidence
The decree itself found no history of family violence. Absent competent evidence such as
sworn testimony, medical records, or law enforcement reports, Respondent’s new finding
was arbitrary, unsupported, and violates due process.

D. No Adequate Remedy by Appeal
Because the order triggers immediate federal passport denial/revocation, Relator faces
deportation, detention, and loss of reentry rights. These harms cannot be remedied by
ordinary appeal and warrant extraordinary mandamus relief.

Prayer
Relator respectfully prays that this Court:
1. Issue a writ of mandamus directing Respondent to vacate the August 19, 2025 order in
Cause No. 93167, including all provisions imposing retroactive child support arrears and
attorney’s fees;
2. Prohibit enforcement or reporting of the order to federal authorities under 42 U.S.C. §
652(k) and 22 C.F.R. § 51.60(a)(8);
3. Confirm that this mandamus proceeding shall be consolidated or otherwise carried
forward into the pending appellate case from Cause No. 93167; and
4. Grant such other and further relief to which Relator is entitled.

Respectfully submitted,

$e
Jeremy Wayne Atkins, Pro Se
NOTICE: THIS DOCUMENT AUg A M
CONTAINS SENSITIVE DATA 19 Lae RS
CAUSE NO. 93167
CE RK Dis r .
Co
IN THE INTEREST OF § IN THE DISTRICT PRT
§
W.V.A., § 354TH JUDICIAL DISTRICT
§
A CHILD § HUNT COUNTY, TEXAS

HOA NGUYEN’S SUMMARY OF REQUESTED RELIEF

COMES NOW, Respondent, HOA NGUYEN, and requests the following summary of

request relief:

1. Respondent respectfully requests that the Court award sole managing conservatorship of
the minor child to Respondent. Respondent submits that this arrangement is in the best
interest of the child and is supported by the facts and evidence presented.

Grant V Deny
2. Respondent respectfully requests that Petitioner, JEREMY WAYNE ATKINS, be
restricted from having possession or access to the child, in light of the protective order
granted by this Court, which was based on allegations of harm, risk, or abuse. Respondent
believes that the restriction is necessary for the safety and well-being of the child.

Grant Deny

3. Respondent requests that Petitioner be ordered to pay child support in the amount of
$1,545.25 per month, pursuant to the Texas Family Code guidelines and based on the
current financial circumstances of the parties involved. This amount is necessary to meet
the financial needs of the child.

Grant S- Deny
4. Respondent requests that the Court order Petitioner to pay retroactive child support in the
amount of $23,175.00, which covers the period from May 6, 2024, through Augst 19, 2025,
during which Petitioner failed to contribute adequately to the support of the child.

Grant SL Deny

HOA NGUYEN’S SUMMARY OF REQUESTED RELIEF — CAUSE NO. 93167 PAGE 1 OF 3

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. Respondent requests that Petitioner be ordered to pay attorney’s fees in the amount of
$2,400.00 to cover the costs incurred by Respondent for the final trial and interlocutory
appeal, including but not limited to representation in this case.

Grant U4 Deny
. Respondent respectfully requests that the Court exempt Respondent from disclosing her
residential address to the Petitioner due to the existing protective order granted in this case.
Given that nature of the protective order, disclosure of Respondent’s address would
jeopardize her safety and well-being.

Grant Deny

. Respondent requests that the Court not impose any geographic restrictions on her, such as
prohibiting her from moving outside of a particular geographic area. Respondent believes
that there is no basis for such restrictions in light of the circumstances of this case, and that
such limitations would be Va to her ability to act in the best interest of the child.
Grant Deny

. Respondent requests that the Court allow her to apply for and obtain a passport for herself,
and the minor child without restriction; in order to facilitate international travel should the
need arise for reasons related to the well-being, safety, or future planning of the child.
Respondent submits that such a requests is in the best interest of the child and necessary
for their future security.
Grant VY Deny

. Respondent requests that Petitioner be ordered to pay attorney’s fees in the amount of
$17,414.31 to cover the costs incurred by Respondent in the pursuit of this matter,
including but not limited to representation in this case. This includes the Interim Attorneys
fees awarded in the case in addition to the additional $2400.00 for the final trial and the

interlocutory appeals. vA
Grant Deny

HOA NGUYEN’S SUMMARY OF REQUESTED RELIEF — CAUSE NO. 93167 PAGE 2 OF 3

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10. Order sanctions against the Petitioner for violating the Order of Enforcement.
Grant Deny

Additional rulings:

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JUDGE PRESIDING

HOA NGUYEN’S SUMMARY OF REQUESTED RELIEF — CAUSE No. 93167 PAGE 3 OF 3

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