THE BATTALION Page 9
THURSDAY, OCTOBER 11, 1979
national
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Mother wins hearing
in child custody case
United Press International
AUSTIN — A Lubbock woman
seeking to regain custody of her two
daughters won a new hearing before
the Texas Supreme Court Wednes
day in a case that could set new
standards for courts in determining
the legal responsibility of parents for
their children’s welfare.
The court agreed to hear argu
ments early next year from a legal
aide attorney representing Diannia
Chaney in her effort to regain cus
tody of her 7-and 4-year-old
daughters.
Authorities won a court order in
1977 placing the children in state
custody and terminating Chaney’s
parental relationship with her
daughters on grounds she know
ingly allowed the girls to remain in a
situation where they were subject to
sexual abuse.
The Supreme Court agreed to
hear arguments Jan. 3 on whether
authorities can rely on a preponder-
ence of evidence or must establish a
clear and convincing standard of
proof that a parent knowingly placed
a child in dangerous circumstances.
Welfare workers were called into
the case when the older girl, then a
6-year-old, was reported to be beg
ging neighborhood children to stay
at her house so she would not have
to be alone with her stepfather.
Chaney told welfare workers the
girl had repeated episodes of vaginal
bleeding for more than a year, but
her husband told her he had thrown
the girl on a chair and caused the
injury.
A short time later, the mother
went to prosecutors saying the
daughter told her she had been
abused by the stepfather.
Texas A&M University Student Senate has several vacancies
that must be filled. Those interested in one of these positions should
pick up an application in the Student Government office, Room
216C of the MSC. The deadline for application is 5:00 p.m., Monday,
Oct. 15. For more information contact the Student Government of
fice at 845-3051.
VACANCIES
. Education Graduate
Liberal Arts Graduate
Off Campus Ward 4
Medicine At-Large
Krueger/Mosher
'eplace mail
er rocks. Hi|
tree
and betwi
ne on his
ng chair
lolerandt
bottles
d, raccoon
ppleme/itdj
1 goods.
Autumn weather has finally arrived, and many students are
enjoying the break between bot and cold spells in a variety of
ways. This student found the weather perfect for a game of
golf, despite a detour into a sand trap.
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kdlem,
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uptial "contract’
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B'l i I I ijpl
United Press International
HOUSTON — A 43-year-old
voman who unsuccessfully sought
|>500,000 breach of contract dam
ages on grounds her husband failed
,to love and honor her until death,
has agreed to a divorce settlement
without appealing the case.
Susanne Evans Dickson, 43, ac-
epted State District Judge Bruce
^ettman’s decision Tuesday reject
ing her oral contract claim against
Jesse Dickson, 45, an or
thopedic surgeon.
Wettman ruled marriage vows, gre
governed by separate law in Texas
jand do not constitute a legally bind-
ling contract on which a monetary
damage claim can be made.
Wettman said any wedding related
'monetary arrangements must be
written.
Mrs. Dickson claimed she and
■her husband “entered into an ex-
Ipress oral contract’’ when they mar-
Iried in June 1957 and she said he
?benefited and she relied upon the
Icontract while she worked to put
|him through medical school.
Dickson replied her claims were
“totally false” and that if any “con
tract” existed, she breached it when
she filed for divorce.
Dickson’s lawyer, David Gray,
argued “a marriage under Texas
laws is a status between the parties
and is not a contract.
“Any promises or oral agreements
made before, during or after the
marriage itself which directly relate
to the relationship of the marriage of
the parties does not create a civil
contract,” Gray said.
Attorney Sheryl B. Johnson, rep
resenting Mrs. Dickson, replied,
“to deny a party the right to enter
contractual arrangements merely
because they are married is to make
them no more than a frustrated
ward of the state with no ability to
respond to their own particular life
situation nor to be responsible for
it.”
The Dicksons agreed to an out-
of-court divorce settlement after
Wettman rejected the contract
damage claim.
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