Leonard v. Leonard
| Decision Date | 04 June 1962 |
| Docket Number | No. 7157,7157 |
| Parties | Foy LEONARD v. Walker LEONARD. |
| Court | Texas Court of Appeals |
T. R. Odell, Lubbock, for appellant.
Aldridge & Aldridge, Farwell, for appellee.
Appellee, Walker Leonard, filed a petition in the District Court of Bailey County seeking to have appellant Foy Leonard held in contempt of court for her alleged failure to comply with the Court's judgment in their previous divorce suit relative to appellee's visitation rights with the parties' minor child. The divorce judgment was entered by the same Bailey County District Court, and appellee filed this motion under the same cause number. Appellee alleged that appellant had refused to allow him to visit with the child in accordance with the terms of the divorce judgment, and prayed that appellant be held in contempt of court. Appellee further alleged that the divorce judgment was 'not sufficiently final, definite and certain as to allow him reasonable visitation with such child.' Appellee also prayed 'That he now prays the Court to make more definite and certain the order and set down specific times, places, dates wherein he can see and visit such child and have such child visit him.'
Appellant filed her plea of privilege to be sued in Lubbock County, and subject thereto, filed an answer generally and specifically denying appellee's allegations. By agreement of the parties the trial court heard and considered evidence on both the plea of privilege and appellee's motion without prejudice to the plea of privilege. It is undisputed that at all times pertinent to this case appellant was a resident of Lubbock County. The Court overruled the plea of privilege, and further held that appellee Walker Leonard 'have the exclusive society, care and control of such child' during the first week of June and August of each year and on each fourth Saturday afternoon of each month from 1:00 o'clock p. m. until 9:00 o'clock p. m. The judgment found appellant had not allowed appellee to visit with the child, but made no order relative to holding her in contempt. It is from this judgment that appellant duly perfected this appeal.
Appellee takes the position that this suit is one to enforce the original divorce judgment, and that the District Court of Bailey County is the only Court that can enforce its judgment. To support this contention appellee principally relies on Ex Parte Gonzalez, 111 Tex. 399, 238 S.W. 635 and Carlson v. Johnson (Tex.Civ.App.) 327 S.W.2d 704 (no writ history). These cases do hold that the Court granting the divorce is the only Court which can properly hear the contempt motion. However, it is equally well settled that venue in actions for change of custody of minors lies in the county of the residence of the person having legal custody. Lakey v. McCarroll, 134 Tex. 191, 134 S.W.2d 1016; Ellington v. Floyd (Tex.Civ.App.) 255...
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Leithold v. Plass
...in cases involving the custody of children or the right to visit them which is clearly pointed out in our venue cases. In Leonard v. Leonard, 358 S.W.2d 721 (Tex.Civ.App.1962, no writ), the Amarillo Court of Civil Appeals 'Appellee takes the position that this suit is one to enforce the ori......
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Boney v. Boney, B--2072
...jurisdiction over contempt proceedings instituted to enforce a judgment of that court. Ex Parte Gonzalez, supra; Leonard v. Leonard, 358 S.W.2d 721 (Tex.Civ.App.1962) n.w.h.; Carlson v. Johnson, 327 S.W.2d 704 (Tex.Civ.App.1959) n.w.h. In change of child custody cases the divorce court does......
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Livingston v. Nealy, 57
...Glasgow v. Hurley, 333 S.W.2d 658 (Tex.Civ.App.1960); Liska v. Hall, 357 S.W.2d 601 (Tex.Civ.App.1962); Leonard v. Leonard, 358 S.W.2d 721 (Tex.Civ.App.1962); Spencer v. Spencer, 371 S.W.2d 898 (Tex.Civ.App.1963). Under these cases it is well settled that after the original decree has becom......
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Houseman v. Mahin
...of the minor to whom custody has been awarded by a court of competent jurisdiction' (citing Lakey v. McCarroll). Also, in Leonard v. Leonard, 358 S.W.2d 721, Tex.Civ.App., which case is relied on by both parties as is the Lakey case, the court states: 'However, it is equally well settled th......