Opinion

Wiley v. Spratlan

  • 19 Tex. Sup. Ct. J. 385
  • 543 S.W.2d 349
  • 1976 Tex. LEXIS 237
Court
Texas Supreme Court
Filed
Jul 14, 1976
Status
Published
Author
Steakley
On the bench
Pope, Steakley, McGee, Greenhill, Denton, Johnson
Cited by
566 cases
Authority
More cited than 10.7%

holding that termination does not merely end the right of the parent to physical possession of the child, it terminates forever the natural right which exists between parents and their children

How later courts described this case

  • holding that termination does not merely end the right of the parent to physical possession of the child, it terminates forever the natural right which exists between parents and their children
  • holding both elements must be established and requirements of subsection (1) are not excused because a court may be of the opinion that subsection (2) has been proved
  • holding A[t]his court has always recognized the strong presumption that the best interest of a minor is usually served by keeping custody in the natural parents@
  • holding no section 102.003(a)(9) standing existed for nonparent because parent “did not relinquish to petitioner or abdicate her parental rights, duties, and responsibilities” to nonparent

Written by the judges who cited it.

The opinion

STEAKLEY, Justice

(concurring).

I did not agree with the majority in Cawley v. Allums, 518 S.W.2d 790 (Tex.1975), as evidenced by joinder in the dissent. But I accept it as applicable here as written by the majority.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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