Clements v. Schaeffer
| Decision Date | 03 October 1962 |
| Docket Number | No. 13987,13987 |
| Citation | 360 S.W.2d 906 |
| Parties | Virginia CLEMENTS et al., Appellants, v. Harry McClelland SCHAEFFER, Appellee. |
| Court | Texas Court of Appeals |
Coneway & Forrester, Harlingen, for appellants.
Strickland, Wilkins, Hall & Mills, Asa V. Bland, Jr., Mission, Fillmore, Schaeffer & Fillmore, Wichita Fallas, for appellee.
This is an appeal from a judgment awarding custody of a five-year-old boy to his father, Harry McClelland Schaeffer, after a hearing before the court on a writ of habeas corpus. Appellants are the maternal grandmother, with whom the boy resided following the death of his mother, interveners, Ruth C. Smith, sister of the boy's mother, and her husband.
Harry McClelland Schaeffer and Alice Clements Schaeffer were divorced in the Circuit Court of Boyd County, Kentucky, in February of 1959, and their son, Jefferson King Schaeffer, who was then two years of age, was placed in the custody of his mother with the right of his father to visit Jeff at reasonable times. Immediately following the entry of said decree, and in accordance with its terms, Alice Schaeffer and her son moved to Texas, and lived in Nueces County with her father. Thereafter, Alice married James Bogatz, a chief petty officer in the Navy, and went overseas with him to Italy. She became pregnant and returned to the United States in December 1960, where she lived part of the time with her father in Corpus Christi, and part of the time with her mother in Cameron County, Texas. In August 1961, while living at the home of her mother, she was suddenly taken ill and died. Following her death, Jeff remained in his grandmother's custody, but spent much time with his aunt and uncle, Ruth C. and Clifton Earl Smith. The affection of the maternal grandmother for Jeff was not in issue, but in view of her age and physical condition she did not seek custody.
Shortly after the death of the boy's mother, appellee filed a petition in the Boyd County Circuit Court for custody of the child, and out of State service and notice were served on the maternal grandparents. They did not enter an appearance in the Kentucky Court. After a hearing, the Kentucky Court amended the original decree and the care and custody of the minor child was awarded to his father, who then instituted the present proceedings in the 103rd District Court of Cameron County, Texas. Ruth C. Smith and husband intervened and sought custody.
After a full hearing, the trial court awarded the father custody of his son and, at the request of appellants, filed findings of fact and conclusions of law. The trial judge found that the father was a fit and proper person to have the care, custody and control of Jeff, and that the best interest of the boy would be served by placing custody in his natural father. In the conclusions of law, the trial judge concluded that he was required to give full faith and credit to the decree of the Circuit Court of Boyd County Kentucky, awarding custody of the minor child to appellee, and that there was no change in conditions to justify changing said decree. The court further concluded that there was no showing that the interest of the minor child demands that his natural father be deprived of the custody of his child. Thus it will be seen that the trial court awarded said minor boy to his natural father upon two...
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Harrelson v. Davis, 16827
...after the death of the mother, but such facts are not of themselves sufficient to show present unfitness,' citing Clements v. Schaeffer, Tex.Civ.App., 360 S.W.2d 906, and Pettit v. Engelking, Tex.Civ.App., 260 S.W.2d Viewed in the light most favorable to the verdict the evidence was wholly ......
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Guillott v. Gentle
...he seeks custody after the death of the mother, but such facts are not of themselves sufficient to show present unfitness. Clements v. Schaeffer, 360 S.W.2d 906 (Tex.Civ.App., no writ history); Pettit v. Engelking, 260 S.W.2d 613 (Tex.Civ.App., n.r.e.). Even a judgment decreeing that a pare......
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Cox v. Young, 4066
...he seeks custody after the death of the mother, but such facts are not of themselves sufficient to show present unfitness. Clements v. Schaeffer, 360 S.W.2d 906 (Tex.Civ.Apps., no writ history); Pettit v. Engelking, 260 S.W.2d 613 (Tex.Civ.Apps., n.r.e.). Even a judgment decreeing that a pa......
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Powell v. Powell
...has been terminated by decree, is a dependent or neglected child or that the parent is unfit to have the custody. Clements v. Schaeffer, Tex.Civ.App., 360 S.W.2d 906; Martin v. Cameron Co. Child Welfare Unit, Tex.Civ.App., 326 S.W.2d 31; Prock v. Morgan, Tex.Civ.App., 291 S.W.2d 489; Sec. 1......