In the Interest of E.G.L.
2012 Tex. App. LEXIS 6909
| Tex. App. | 2012Background
- Parents and stepparent had custody dispute over E. (and A.); Stepfather sought conservatorship of E. and sole right to designate E.’s residence; parties eventually agreed to joint managing conservatorship with Stepfather having exclusive right to designate primary residence for both children; Father contested Stepfather’s standing and sought custody rights; ICWA was argued but court held it did not apply; final order appointed Father as possessory conservator with rights listed and Stepfather as joint managing conservator for both children; appeal challenged ICWA applicability, standing, and constitutional rights related to the final order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ICWA applicability to this custody case | Father argues ICWA applies | Stepfather argues ICWA does not apply | ICWA does not apply |
| Stepparent standing to seek custody of E. | Stepfather had standing under section 102.003(a)(9) | Father challenges standing as lacking continuous residence | Stepfather has standing; petition not fraud on court |
| Constitutional rights and final order | Final order violated Father’s constitutional rights and ICWA | Best interests standard governs; temporary orders not appealable | Final order did not violate rights; best interests standard applied; no abuse of discretion |
| Scope of conservatorship and best interests standard | Court should recognize Stepfather as ultimate custodial decision-maker | Best interests standard limits custodial rights to protect child | Court’s award premised on best interests; no reversible error |
| Procedural posture and evidentiary sufficiency for best interests | Evidence supported Stepfather’s custody arrangement | Evidence insufficient to reverse discretion | Court did not abuse discretion in conservatorship design |
Key Cases Cited
- Miss. Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (U.S. 1989) (ICWA purpose and scope discussed)
- Comanche Nation v. Fox, 128 S.W.3d 745 (Tex.App.-Austin 2004) (ICWA applicability in inter-family disputes discussed)
- In re M.K.S.-V., 301 S.W.3d 460 (Tex.App.-Dallas 2009) (Standing under section 102.003(a)(9) analyzed)
- In re K.L.W., 301 S.W.3d 423 (Tex.App.-Dallas 2009) (Best interests standard and discretionary conservatorship analysis)
- In re 257 S.W.3d 804, 257 S.W.3d 804 (Tex.App.-Dallas 2008) (Abuse of discretion standard and evidentiary sufficiency in conservatorship)