H. JACKSON GREEN, JR.,
v.
JOANNA B. GREEN

Fla. | 1939-04-25
Terrell, C. J., and Buford, J., concur., Chapman, J., concurs in opinion and judgment., Justices Whitfield and Brown not participating as authorized by Section 4687 Compiled General Laws of 1927 and Rule 21-A of the Rules of this Court.
137 Fla. 359 Florida Supreme Court (1939) Negative Treatment
Also reported at: 188 So. 355
Cited by 44 cases

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Synopsis

In this 1939 Florida divorce case, the Supreme Court affirmed a chancellor's decree awarding custody of a five-year-old daughter to her mother while granting the father visitation rights. The court upheld the longstanding principle that a child's welfare is paramount in custody determinations and that mothers are naturally better suited to care for young children.


Holding

The court affirmed that the mother should be awarded primary custody. The court held that the welfare of the child is the paramount consideration in custody determinations, that the chancellor acted within proper discretion in awarding custody to the mother, and that the father's right to reasonable visitation was adequately protected.


Key Quotes

“We are committed to the doctrine that the welfare of the child is the principal feature in determining custody, and that a very large discretion is allowed the chancellor in this respect”

Establishes the paramount principle governing custody determinations

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Facts & Procedural History

H. Jackson Green, Jr. and Joanna B. Green divorced. Their daughter, Jacqueline, was just past five years old at the time of the custody determination.…

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Opinion of the Court
Thomas, J.

Thomas, J.

The chancellor rendered his decree in the above suit, brought by the wife agáinst her husband, granting complainant a divorce and fixing the custody of the minor daughter of the parties in the following terms:

“Joanna B. Green * * * is hereby awarded the care, custody, control and possession of Jacqueline Green, the daughter of the parties to this suit; and in such behalf, the Court directs that the Complainant, beginning with the Fall of the year 1937, shall arrange so that the residence of the child will, for a large portion of each year, be in the City of Daytona Beach, Florida, and that the Defendant shall have the right to visit said child at any and all convenient and reasonable times; and the Court hereby retains jurisdiction of this cause, with reference to the custody of said child, to consider said matter in the event any change in circumstances or conditions would warrant a modification of this decree.”

The appellant, defendant in the court below, has waived all assignments of error except those questioning the propriety of that part of the final decree which we have quoted.

The child mentioned is a little past five years of age and is being reared in the home of her mother. With the exception of the atmosphere which is inevitably created in *361a home where the mother and father cannot agree and seek the court of equity to settle their differences, fortune has smiled on this little girl. The home is shown to have cost seventy-five thousand dollars and there is present a staff of servants consisting of a nurse, house man, butler, cook, maid and a special nurse. Her home is situated in a respectable part of the town of Daytona Beach.

It appears that the mother is affluent, with an income of from ten to twelve thousand dollars a year. She gives several hours a day to the attention of her young daughter, supervises her religious training, attends church herself and takes the child to Maine in the summer months.

We think that the learned chancellor has decided wisely in choosing the mother as custodian, and that by doing so no reflection was cast upon the interest of the father in the child or her well-being.

We have been rather impressed by statements of the physician introduced by the defendant and who said under oath that he was friendly to both parties and thought the defendant was able economically and morally to care for his young daughter, when in reply to this question:

“Q. In your opinion doctor, is there anything that can take the place of a mother’s care and attention to a little girl three years old?” —■ he said: “No, there is nothing like a mother’s care for little children.”

We are committed to the doctrine that the welfare of the child is the principal feature in determining custody, and that a very large discretion is allowed the chancellor in this respect, Frazier v. Frazier, 109 Fla. 164, 147 South. Rep. 464, although the exercise of such discretion is subject to review.

Nature has prepared a mother to bear and rear her young and to perform many services for them and to give them many attentions for which the father is not equipped. As *362was suggested by the testimony in this case, he might provide a home and have friends see that his little daughter was furnished with playmates while he took his place in the business world as a real estate and insurance broker, but this would hardly compare with the care which the mother is able to, and does, furnish.

Bearing in mind the welfare of the child and the respective positions of the father and mother, it seems inescapable that the latter is better fitted to be intrusted with her permanent guardianship. There is nothing in the decree which would preclude the defendant from making as many visits as he wishes at times that are reasonable and convenient. The provision appears, too, that the court retains jurisdiction to enter further orders from time to time as may appear necessary by reason of the change in the circumstances of any of the parties which the chancellor could not anticipate at the time he entered his order.

We think the matter has been fully determined, and the final decree is affirmed.

Terrell, C. J., and Buford, J., concur.

Chapman, J., concurs in opinion and judgment.

Justices Whitfield and Brown not participating as authorized by Section 4687 Compiled General Laws of 1927 and Rule 21-A of the Rules of this Court.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (15 total)

  • Elise Coursey Jones v. Reed Jones, 156 Fla. 524 (Fla. 1945)
    …the facts of this case leaves us no alternative. It is well settled that in a proceeding involving custody of minor children the welfare of the children is the controlling consideration. Frazier v. Frazier, 109 Fla. 164, 147 So. 464; Green v. Green, 137 Fla. 359, 188 So. 355; Mehaffey v. Mehaffey, 143 Fla. 157, 196 So. 416. Ordinarily, in the ease of children of tender years such welfare is not best promoted by ordering a divided custody of such children between the parents. Phillips v. Phillips, (Fla.) 13…
  • Brust v. Brust, 266 So. 2d 400 (Fla. 1st DCA 1972)
    …750.00 is allowed for his services in prosecuting this appeal. Costs are assessed against the husband. The judgment appealed is affirmed in part and reversed in part. CARROLL, DONALD, K., Acting C. J., and WIGGINTON, J., concur. . Green v. Green, 137 Fla. 359, 188 So. 355, 356 (1939), concerned a child 5 years of age. . Fields v. Fields, 143 Fla. 886, 197 So. 530 (1940), involved three children of ages 3, 5 and 7. Also see Jones v. Jones, 156 Fla. 524, 23 So. 2d 623 (1945), which involved boy and girl,…
  • Eugenia Julian v. Julian, 188 So. 2d 896 (Fla. 2d DCA 1966)
    …v. Bargeon, Fla.App.1963, 153 So. 2d 10; Kelly v. Kelly, Fla.App.1964, 163 So. 2d 498; Dobbs v. Kelly, Fla.1949, 39 So. [*901] 2d 479; Hurst v. Hurst, 1946, 158 Fla. 43, 27 So. 2d 749; Teel v. Sapp, Fla.1951, 53 So. 2d 635; and Green v. Green, 1939, 137 Fla. 359, 188 So. 355. In Wilkerson this Court said, text 179 So. 2d 598: “It is clearly the law in Florida that when both parents are fit, the custody of young children should be awarded to the mother. E. g., Kelly v. Kelly, Fla.App.2, 1964, 163 So. 2d 49…

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