Cook v. Wofford

In this case the trial court followed the procedure of Article 4639a, Vernon’s Annotated Civil Statutes, and instructed the jury to find from a preponderance of the evidence which of the parties, the father or the maternal grandmother and her husband, is best suited to have the care, custody and control of the children in question. The jury found for the father and judgment was rendered on the verdict. As it had previously done in Welch v. Welch, 369 S.W.2d 434, Tex.Civ.App.1963, no writ, the Court of Civil Appeals upheld the constitutionality of Article 4639a in its provision that in any…