Mumma v. Aguirre

Decision Date09 January 1963
Docket NumberNo. A-9149,A-9149
Citation364 S.W.2d 220
PartiesWilliam MUMMA et ux., Petitioners, v. Pedro N. AGUIRRE ex ux., Respondents.
CourtTexas Supreme Court

Ralph E. Cadwallader, Bruce Waitz, Robert L. Joseph, V. H. McFarland and M. M. Pena, Jr., San Antonio, for petitioners.

Tafolla & Tafolla, Schweppe, Schweppe & Allison, San Antonio, for respondents.

CALVERT, Chief Justice.

In this litigation between Mr. and Mrs. William Mumma and Mr. and Mrs. Pedro N. Aguirre for the custody of Estella Aguirre, born August 23, 1955, the trial judge awarded custody to the Mummas. The Court of Civil Appeals reversed the trial court's judgment and awarded custody to the Aguirres. 358 S.W.2d 249. We reverse the judgment of the Court of Civil Appeals and affirm the judgment of the trial court.

The trial judge heard the testimony of the four litigants and of two other witnesses and conferred with the child, then five years and eight months of age, in chambers, with no one else but the court's bailiff present. No formal findings of fact or conclusions of law were requested or filed, but the trial court's judgment contains a number of fact findings including findings that the Mummas are 'fit and proper persons to have the care, custody and control' of Estella and that 'the best interests of the minor child will be served' by giving her custody to the Mummas, with reasonable visitation rights conferred upon Pedro Aguirre.

The victim of a rather bizarre set of circumstances growing out of the frailty of human emotions, Estella, wholly faultless, is the prize of an unyielding struggle between two couples, each of which has some claim of right to the prize. But our courts do not normally concern themselves with the righteousness of claims to custody of children; their paramount concern is with the best interests of the children. Rice v. Rice, 21 Tex. 58, 67. There are rules, however, by which our courts seek, to some extent, to measure the best interests of young children in making awards of custody. There is a presumption that the interests of a young child are best served by award of its custody to its natural parents. The presumption is based upon a logical belief that the ties of the natural relationship of parent and child ordinarily furnish strong assurance of genuine efforts on the part of the custodians to provide the child with the best care and opportunities possible, and, as well, the best atmosphere for the mental, moral and emotional development of the child. State ex rel. Wood v. Deaton, 93 Tex. 243, 54 S.W. 901. However, wholly aside from the binding force of the rule of res judicata, the law favors a high degree of stability in a young child's home and surroundings, and to achieve that stability will not permit a change of custody, once judicially determined, except upon a showing of materially changed conditions, Short v. Short, Tex.Sup., 354 S.W.2d 933; and will not require it, even then, unless denying it would constitute an abuse of discretion by the trial judge. Taylor v. Meek, 154 Tex. 305, 311, 276 S.W.2d 787, 790. Sometimes, as here, these two rules collide.

Estella is the natural child of Pedro and Cecilia Aguirre, born to them while Pedro was married to the present Mrs. Mumma and while Cecilia was unmarried. Pedro and Mrs. Mumma (Anna) were then the parents of three children, a daughter and two sons. On the advice of a priest, the present Mrs. Aguirre, then Cecilia, Garcia, gave Estella, when five days old, to Pedro. Pedro took Estella to his home, told Anna that he was the child's father and that the mother was dead, and asked Anna to accept and care for the child. He indicated to Anna that he would leave with the baby if she declined. Anna chose at the time to keep both.

From that day to this Anna has reared and cared for Estella as her own child, giving her the same affection and attention that she has bestowed upon her own three children.

Pedro and Anna were married August 11, 1946. He first became acquainted with Cecilia in 1951 and began having 'an affair' with her in 1953. Cecilia knew Pedro was married before the affair began. After the birth of Estella the affair was broken off for about a year, but then started anew. A second child was born of the relationship before Anna divorced Pedro on November 21, 1958. The cause or grounds of the divorce are not reflected in the record. Pedro and Cecilia were married November 22, 1958, the day following Pedro's divorce. At the time of the trial, April 19, 1961, Cecilia was...

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  • Weiner v. Wasson, 94-0541
    • United States
    • Supreme Court of Texas
    • July 21, 1995
    ...opportunities possible, and, as well, the best atmosphere for the mental, moral and emotional development of the child. Mumma v. Aguirre, 364 S.W.2d 220, 221 (Tex.1963). This expression stands in stark contrast to the portrayal of parents in Sax as potentially "ignorant, lethargic, or lack[......
  • In re C.J.C.
    • United States
    • Supreme Court of Texas
    • June 26, 2020
    ...the best interest of a child is served by awarding custody to a ... parent is deeply embedded in Texas law." (citing Mumma v. Aguirre , 364 S.W.2d 220, 221 (Tex. 1963), and Legate v. Legate , 87 Tex. 248, 28 S.W. 281, 282 (1894) )).77 Smith v. Org. of Foster Families for Equal. & Reform , 4......
  • Gunther v. Gunther, 594
    • United States
    • Court of Appeals of Texas. Court of Civil Appeals of Texas
    • March 22, 1972
    ...appears from the record as a whole that the trial court has erred and abused its discretion under the circumstances. Mumma v. Aguirre, 364 S.W.2d 220, 222 (Tex.Sup. 1963); Herrera v. Herrera, 409 S.W.2d 395, 396 (Tex.Sup.1966) and cases cited. The technical rules of pleadings in such a case......
  • Sanchez v. Texas Dept. of Human Resources
    • United States
    • Court of Appeals of Texas. Court of Civil Appeals of Texas
    • April 26, 1979
    ...development of the child is with its natural parent. Wiley v. Spratlan, 543 S.W.2d 349, 352 (Tex.Sup.1976), citing Mumma v. Aguirre, 364 S.W.2d 220 (Tex.Sup.1963). The standard of our review of legal and factual sufficiency points of error which attack the findings made by the trial judge o......
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