IN THE MATTER OF CYNTHIA DRUMMOND, TERRY DRUMMOND AND SHERRY DRUMMOND, MINORS

Fla. 3d DCA | 1971-01-12
No. 70-111
Before PEARSON, C. J., and HEN-DRY and SWANN, JJ.
243 So. 2d 166 Florida District Court of Appeal, Third District (1971) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed upon the authority of In re Adoption of Corcuera, Fla.App.1962, 145 So.2d 493; Smith v. Lyst, Fla.App.1968, 212 So.2d 921.

PEARSON, Chief Judge

(dissenting).

This is an appeal by a mother who strenuously resisted the adoption of her three children by her former husband and his new wife. It seems to me that this presents a most serious situation and that therefore the trial judge’s finding that the interest of the children would best be served by the adoption is not an adequate legal basis for removing the parental rights of the mother who is not found to have abandoned her children. On this theory I dissented in In re Adoption of Layton, Fla.App.1967, 196 So.2d 784. I would not hold that a mother can be stripped of her three children in later years after bearing and partially raising them simply because the trial judge holds that an adoption is in the best interest of the children. See Torres v. Van Eepoel, Fla.1957, 98 So.2d 735.

Dissent
PEARSON, Chief Judge

PEARSON, Chief Judge

(dissenting).

This is an appeal by a mother who strenuously resisted the adoption of her three children by her former husband and his new wife. It seems to me that this presents a most serious situation and that therefore the trial judge’s finding that the interest of the children would best be served by the adoption is not an adequate legal basis for removing the parental rights of the mother who is not found to have abandoned her children. On this theory I dissented in In re Adoption of Layton, Fla.App.1967, 196 So. 2d 784. I would not hold that a mother can be stripped of her three children in later years after bearing and partially raising them simply because the trial judge holds that an adoption is in the best interest of the children. See Torres v. Van Eepoel, Fla.1957, 98 So. 2d 735.


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