Leithold v. Plass

This Court, the Court of Civil Appeals and, seemingly, the trial court have turned this case upon a distinction between “visitation rights” and “custody rights”. In my opinion, this distinction is elusive at best and wholly immaterial to- the true issue in the case which is the best interest of the child1. There is a well recognized distinction often encountered in cases involving the custody of children or the right to visit them which is clearly pointed out in our venue cases. In Leonard v. Leonard, 358 S.W.2d 721 (Tex.Civ.App.1962, no writ), the Amarillo Court of Civil Appeals said:

“Appelle…