Furrer v. Furrer, 10213
| Decision Date | 31 March 1954 |
| Docket Number | No. 10213,10213 |
| Citation | 267 S.W.2d 226 |
| Parties | FURRER v. FURRER. |
| Court | Texas Court of Appeals |
John B. McNamara, Jr., Waco, for appellant.
H. S. Beard, Waco, for appellee.
This is a child custody case, instituted by appellee. The parties were formerly husband and wife, but were divorced on the 5th day of September, 1950, in the 54th District Court of McLennan County and the sole custody of their daughter, Janet Suzanne Furrer, age 2 years, was awarded to appellant with visiting privileges to the appellee who was ordered to contribute to the support of the child.
On a trial had in the District Court of Bell County the custody was changed so as to award same to appellee from 3:00 p. m. to 8:00 p. m. on the second and fourth Sundays of each month, and for a period beginning at 9:00 a. m. the second Monday in each July and continuing through the following Sunday at 8:00 p. m.
The appellant assigns as error the action of the court in that appellee's pleading and proof wholly failed to allege or show new or changed conditions since the former judgment to invoke the jurisdiction of the court requiring such change for the welfare and best interest of said child.
Appellant says that the pleadings are not specific and not sufficient to support evidence to justify the court in disturbing the previously determined award of custody, and that the evidence is not sufficient to support the court's action.
Appellee contends that the appellant's obstructive tactics against him in his efforts to exercise his visiting privilege with his daughter, coupled with her admitted objections to his visiting with the child outside appellant's presence or the presence of appellee's parents, which were begun only after appellant's second marriage, is a sufficient change of conditions to warrant a change in the sole custody award to appellant. Appellant has remarried and been divorced since the divorce between the parties hereto.
We believe that the pleadings were sufficient in a child custody hearing, since such pleadings are of little importance other than to raise the issues and to have all interested parties cited and an opportunity to be present and heard, since the District Judge has broad equitable powers in such cases. Williams v. Perry, Tex.Com.App. 1933, 58 S.W.2d 31; Felker v. Felker, Tex.Civ.App., 216 S.W.2d 669, error ref. N.R.E.; Ex parte Eaton, 151 Tex. 581, 252 S.W.2d 557.
Appellee testified that prior to his second marriage he had no trouble in seeing his child, but after he married again when he called, and that he had called any number of times, there was always something...
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