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Peña v. Peña

Supreme Court of Texas
Dec 2, 1999
8 S.W.3d 639 (Tex. 1999)

Summary

holding that a party who fails to comply with the mandatory requirements for requesting a judge's recusal waives his right to complain of the judge's failure to recuse himself

Summary of this case from In re the Marriage of Parker

Opinion

No. 99-0321

Filed December 2, 1999

On Petition for Review from the Court of Appeals for the Thirteenth District of Texas.

Richard Bruce Gould, McAllen, for Petitioner.

Alfredo Morales, Roel (Robbie) Flores, McAllen, for Respondent.


Petitioner challenges a divorce decree establishing her and her former husband as joint managing conservators of their son. She argues that she presented "credible evidence" of a "history or pattern" of domestic violence, and thus that the trial court could not appoint joint managing conservators under Texas Family Code § 153.004(b). In affirming the trial court's judgment, the court of appeals correctly recited that the trial court is vested with wide discretion in determining custody issues. See Gillespie v. Gillespie, 644 S.W.2d 449, 451 (Tex. 1982). However, we disapprove of the following language in the court of appeals' opinion:

In the present case, the two hitting incidents left Diana with a black eye each time. However, Diana's testimony only vaguely connects the two hitting incidents as both having been precipitated by arguments over Omar's ex-wife and daughters. We do not know who initiated the arguments, whether the hittings were provoked in any manner, or what other factors may have contributed to either or both incidents, or any other relevant details that may show a relationship, connection or predictable "pattern" of physical abuse.

986 S.W.2d 696, 699. These considerations are not relevant to determining whether there was physical abuse or a history or pattern of domestic violence under the statute.

The petition for review is denied.


Summaries of

Peña v. Peña

Supreme Court of Texas
Dec 2, 1999
8 S.W.3d 639 (Tex. 1999)

holding that a party who fails to comply with the mandatory requirements for requesting a judge's recusal waives his right to complain of the judge's failure to recuse himself

Summary of this case from In re the Marriage of Parker

disapproving consideration of provocation in determining the existence of a history or pattern of domestic violence.

Summary of this case from Gonzalez v. Gonzalez

noting that a trial court is vested with wide discretion in determining custody issues and upholding the appointment of joint managing conservators, even though the father did not controvert the mother's evidence of abuse

Summary of this case from Gonzalez v. Gonzalez
Case details for

Peña v. Peña

Case Details

Full title:DIANA S. PEÑ A, Petitioner v. OMAR ISMAEL PEÑ A, Respondent

Court:Supreme Court of Texas

Date published: Dec 2, 1999

Citations

8 S.W.3d 639 (Tex. 1999)

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