(Download) "Brenda Lewelling V. Carl And Melba Lewelling (09/19/90)" by Supreme Court of Texas # Book PDF Kindle ePub Free
eBook details
- Title: Brenda Lewelling V. Carl And Melba Lewelling (09/19/90)
- Author : Supreme Court of Texas
- Release Date : January 19, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 84 KB
Description
DOGGETT, Justice. At issue in this cause is the standard to be applied when a non-parent seeks appointment as managing conservator of a minor child. The applicable provision of the Family Code requires the non-parent to show that awarding custody to the natural parent "would not be in the best interest of the child because it would significantly impair the child's physical health or emotional development." Tex. Fam. Code Ann. § 14.01(b) (Vernon Supp. 1990). The court of appeals, while properly articulating this standard, failed to apply it correctly and, in so doing, improperly relied upon evidence of abuse of a mother by her spouse to deny her appointment as managing conservator of her child. 774 S.W.2d 801, 803 (1989). We, therefore, reverse the court of appeals' judgment and remand the cause to the trial court with instructions for rendition of judgment in accordance with this opinion.
 "Brenda Lewelling V. Carl And Melba Lewelling (09/19/90)" by Supreme Court of Texas # Book PDF Kindle ePub Free){kind=link}