in the Interest of J.C and S.C., Minor Children
346 S.W.3d 189
| Tex. App. | 2011Background
- Mother Socorro Angel died in November 2006; her husband Adan Covarrubias was charged with homicide but the charge was later dropped, while Covarrubias remained detained on unrelated immigration violations.
- During Covarrubias’s detention, J.C. and S.C. were in temporary custody of paternal grandmother Bonita Rubio and maternal grandparents Leopoldo and Alvina Angel.
- The Angels petitioned for managing conservatorship in December 2006; a merits hearing was not held until December 2009 due to ongoing investigations.
- The trial court issued a split-custody arrangement: J.C. would be under joint managing conservatorship of Covarrubias and Angels with Angels determining primary residence; S.C. was not placed with the Angels and Covarrubias was given all rights as parent.
- Psychologist Carol Stevens recommended that S.C. should not be ordered to stay with the Angels, citing S.C.’s close relationship with Covarrubias and fear of loss if uprooted.
- Stevens testified J.C. had separation anxiety; the trial judge conducted an in camera interview of J.C. and basis for the ruling relied on testimony and the interview.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Angels’ appointment as joint managing conservators for J.C. was an abuse of discretion | Covarrubias contends parental presumption not overcome; seeks Covarrubias as sole managing conservator. | Angels argue the evidence shows significant impairment to J.C.’s emotional development and/or history of domestic concerns warranting nonparent conservatorship. | Abuse of discretion; reversed and remanded to name Covarrubias sole managing conservator for J.C. |
Key Cases Cited
- May v. May, 829 S.W.2d 373 (Tex. App.—Corpus Christi 1992) (proper use of judicial notice and admissibility of prior testimony)
- Gupton v. Monteau, 332 S.W.3d 687 (Tex. App.—Houston [14th Dist.] 2011) (prior hearings’ testimony must be authenticated and admitted to be considered)
- Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238 (Tex. 1985) (abuse of discretion standard in reviewing trial court decisions)
- In re W.E.R., 669 S.W.2d 716 (Tex. 1984) (finding cannot substitute for written findings in certain contexts)
- Lewelling v. Lewelling, 796 S.W.2d 164 (Tex. 1990) (close calls favor the parent in parent-child conservatorship disputes)
- R.T.K., 324 S.W.3d 896 (Tex. App.—Houston [14th Dist.] 2010) (used to assess impairment and evidentiary standards for rebutting parental presumption)