WILLIE C. SCOTT, APPELLANT,
v.
MARY LITTLEJOHN SINGLETON, APPELLEE
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A natural father appeals an order awarding permanent custody of his two daughters to their maternal grandmother following the mother's death. The court affirmed, holding that the best interests of the child standard, not parental rights, governs custody determinations and the trial court did not abuse its discretion in awarding custody to the grandmother.
The best interests of the child, not parental rights, is the controlling test in custody cases. The trial court did not abuse its discretion in awarding permanent custody to the maternal grandmother despite finding both the father and grandmother fit, because the children's welfare would be best served by remaining with the grandmother.
[1] The best interest of the child is the paramount consideration in child custody determinations.
[2] A natural parent's right to custody of a child is secondary to the best interests of the child.
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Join FLexlaw to unlock all legal intelligence“The best interest of the child is the test in custody cases. The right of a natural parent to custody of his child is secondary.”
Establishes the controlling legal standard that best interests of the child, not parental rights, governs custody determinations.
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Join FLexlaw to unlock all legal intelligenceWillie C. Scott and Carol Scott divorced in October 1973, with Carol awarded custody and Willie ordered to pay child support and given visitation righ…
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SHIVERS, Judge.
This appeal is from an order awarding the permanent custody of two girls, ages 10 and 6, to their maternal grandmother. The marriage of Willie C. Scott, the natural father, and Carol Scott, the natural mother, was dissolved on October 29, 1973. Mrs. Scott was awarded custody of the children. Mr. Scott was awarded visitation privileges and was ordered to provide child support.
Carol Scott met with an untimely death on February 4, 1979. A dispute between the children’s maternal grandmother, Mary Littlejohn Singleton, and the children’s father as to the children’s custody arose shortly after Mrs. Scott’s death.
The trial court, upon appropriate pleadings by the maternal grandmother and by the father, modified the original custody order by awarding permanent custody of the children to the maternal grandmother with visitation rights and support obligations conferred unto the father. The trial court found that both the father and the maternal grandmother “are eminently fit and proper persons to have custody” but that the “welfare and interest of the two minor children will best be served by their remaining in the custody of the grandmother . . . "
The father argues that because he was found to be fit for custody, his right to custody as the natural father is superior to that of the maternal grandmother. The father further argues that the trial court abused its discretion in awarding custody of the children to the maternal grandmother. We disagree. The best interest of the child is the test in custody cases. The right of a natural parent to custody of his child is secondary. We have carefully considered the record before us. The trial court did not abuse its discretion in finding that the best interests of the children would be served by awarding custody to the maternal grandmother. See Cone v. Cone, 62 So. 2d 907 (Fla.1953); Brannan v. Brannan, 284 So. 2d 701 (Fla.App. 1st DCA, 1973).
These children have been raised for the most part since 1973 in the maternal grandmother’s home. Following the mother’s death the children lived with the maternal grandmother. The record reflect that the grandmother has provided the children with love and an experience enriched upbringing. We are of the opinion that the trial court was well within its discretion in resolving this very difficult matter by awarding custody to the grandmother. This court will not substitute its judgment for that of the trial court. Dinkel v. Dinkel, 322 So. 2d 22 (Fla.1975).
There being no reversible error, the decision is AFFIRMED.
MILLS, C. J., and McCORD, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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In re Guardianship OF D.A.McW. v. McWHITE, 460 So. 2d 368 (Fla. 1984)…prevail over the rights of the child’s maternal grandmother when it is determined that the father is a fit person for custody, unless it is shown that such custody will be detrimental to the child’s welfare. We find conflict with Scott v. Singleton, 378 So. 2d 885 (Fla. 1st DCA 1979), cert. denied, 388 So. 2d 1118 (Fla.1980). We have jurisdiction, article V, section 3(b)(3), Florida Constitution, and we approve the decision of the district court. The record reflects that the child, D.A. McW., was born to the…
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Gorman v. Gorman, 400 So. 2d 75 (Fla. 5th DCA 1981)…2d 244 (Fla. 2d DCA 1968), Heffernan v. Goldman, 256 So. 2d 522 (Fla. 4th DCA), cert. denied, 256 So. 2d 6 (Fla.1971), Brannan v. Brannan, 284 So. 2d 701 (Fla. 1st DCA 1973), Forman v. Forman, 315 So. 2d 9 (Fla. 3d DCA 1975), and Scott v. Singleton, 378 So. 2d 885 (Fla. 1st DCA 1979), cert. denied, 388 So. 2d 1118 (Fla.1980), for examples of where the award of custody of a child to persons other than a natural parent was in the best interests of the child. All of the cases cited by both parties can be factual…
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Pape v. Pape, 444 So. 2d 1058 (Fla. 1st DCA 1984)…where the natural parents have not relinquished their rights. Besade v. Besade, 312 So. 2d 484 (Fla. 3rd DCA 1975). Although the circumstances of particular cases such as in Gorman v. Gorman, 400 So. 2d 75 (Fla. 5th DCA 1981), and Scott v. Singleton 378 So. 2d 885 (Fla. 1st DCA 1979), may well justify an award of custody to a non-parent, the mere fact of temporary physical possession by a stepparent does not in itself furnish grounds for permanent deprivation of parental custody. See, In Interest of H., 320 S…1 / 2
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dinkel v. Dinkel, 322 So. 2d 22 (Fla. 1975)
- Cone v. Cone, 62 So. 2d 907 (Fla. 1953)
- Ola Mae Brannan v. Brannan, 284 So. 2d 701 (Fla. 1st DCA 1973)