Legal Opinion · Dissent

C.G.W. v. B.F.W.

Court of Appeals of Texas

Decided July 25, 1984No. 04-83-00116-CVPublished

1DissentEsquivel, Justice

As the majority correctly points out, at the time the case before us was tried, the long established case law in this state provided that a child born or conceived in wedlock is presumed to be the legitimate child of the mother and her then husband, Caddel v. Caddel, 486 S.W.2d 141, 145-46 (Tex.Civ.App. — Amarillo 1972, no writ); that the presumption is one of the strongest known to the law and could only be overcome by clear and convincing evidence of either non-access or impotency, Davis v. Davis, 521 S.W.2d 603, 607 (Tex.1975); Clark v. Clark, 643 S.W.2d 795, 797 (Tex.App. — Fort Worth…

2Cases cited9 opinions

  1. Davis v. DavisTexas Supreme Court · 1975
  2. Esparza v. EsparzaCourt of Appeals of Texas · 1964
  3. Magana v. MaganaCourt of Appeals of Texas · 1978
  4. Zimmerman v. ZimmermanCourt of Appeals of Texas · 1972
  5. Burtis v. WeiserCourt of Appeals of Texas · 1946

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