EDWARD WILLIAM JAMES WARD
v.
LELA CANNON, ET VIR.

Fla. | 1934-10-30
Whitfield, Ellis and Buford, J. J., concur., Brown, J., dissents., Davis, C. J., not participating.
117 Fla. 139 Florida Supreme Court (1934)
Also reported at: 157 So. 335

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The Florida Supreme Court affirmed a lower court's decree granting temporary custody of an eleven-year-old boy to his aunt and her husband, and ordering the father to pay child support. The court emphasized the temporary nature of the custody order, allowing for future reconsideration based on the child's best interests.


Holding

The court held that the decree was appropriate, affirming the award of temporary custody and the child support order, recognizing the court's ability to revisit the custody arrangement as needed for the child's welfare.


Key Quotes

“Under the conditions and circumstances affecting the welfare of the minor child and the rights of his father as shown by the record, and in view of the provision of the decree awarding the custody until the further order of the court, so that the court may at any time again consider what custody would be for the best interests of the minor child consistent with the legal rights and'duties of the father in the premises, the decree is affirmed.”

This quote encapsulates the court's reasoning for affirming the lower court's decision, highlighting the temporary nature of the custody order and the court's ongoing jurisdiction.

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Facts & Procedural History

The case involved an appeal by a father concerning a decree that awarded custody of his eleven-year-old son to the boy's aunt and her husband. The boy…

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Opinion of the Court
Per Curiam.

Per Curiam.

This appeal is from a decree awarding until the further order of the court the custody of an eleven-year-old son of the appellant to the boy’s aunt and *140her husband with whom the boy had lived after his mother’s death, the parents of the boy having been divorced. The decree also requires the appellant father to contribute $15.00 per month to the support of his son.

Under the conditions and circumstances affecting the welfare of the minor child and the rights of his father as shown by the record, and in view of the provision of the decree awarding the custody until the further order of the court, so that the court may at any time again consider what custody would be for the best interests of the minor child consistent with the legal rights and'duties of the father in the premises, the decree is affirmed.

Affirmed.

Whitfield, Ellis and Buford, J. J., concur.

Brown, J., dissents.

Davis, C. J., not participating.


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