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McGUIRE v. McGUIRE

No. 08-99-00343-CV.

18 S.W.3d 801 (2000)

Benjamin Franklin McGUIRE, Appellant, v. Giovanna Dionne McGUIRE, Appellee.

Court of Appeals of Texas, El Paso.

March 30, 2000.

Attorney(s) appearing for the Case

Larry Zinn, San Antonio, Marc R. May, Attorney at Law, Odessa, for Appellant.

Rhett Hoestenbach, John Hoestenbach, Odessa, for Appellee.

Before Panel No. 2 BARAJAS, C.J., McCLURE, and CHEW, JJ.

OPINION

ANN CRAWFORD McCLURE, Justice.

This case presents a classic example of the deficiencies of the Uniform Child Custody Jurisdiction Act (UCCJA) that gave rise to the recent adoption by the Texas Legislature of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The district court entered a default judgment modifying a joint managing conservatorship. Because the uncontroverted evidence establishes that the child and his primary...

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