Belford v. Belford

• Decision Date: 31 October 1947
• Parties: BELFORD v. BELFORD.
• Court: Florida Supreme Court

32 So.2d 312

159 Fla. 547

BELFORD v. BELFORD.

Florida Supreme Court

October 31, 1947

Appeal from Circuit Court, Escambia County; Ernest E Mason, judge.

Coe &amp Eggart, of Pensacola, for appellant.

Grover Robinson, Jr., of Pensacola, for appellee.

BUFORD, Justice.

This appeal brings for review a decree of the Chancellor in which it was adjudged that the terms of a final decree entered on the 10th day of September, 1945, which was as follows:

'This cause coming on to be heard upon the application of defendant and plaintiff for the exercise by the court of its reserved jurisdiction finally to determine the custody of the child Linda Lee Belford, and the court having heard and considered the testimony of both parties and their witnesses, finds that the best interests of said child and a proper consideration of the rights of the parties required that it should remain in the custody of the defendant, Walter L. Belford, save for an appropriate right of visit of the plaintiff as hereinafter provided for, it is therefor

'Ordered adjudged and decreed that the care, custody, and control of the infant child, Linda Lee Belford, be and the same is hereby permanently awarded to the defendant, Walter L Belford, provided, however, that the said Janice Horne Belford, now Janice Horne Wright, shall be entitled to have the child visit her for a period of thirty days during the summer school vacation of each and every year, commencing with the year 1946, wherever she may be within the limits of the Continental United States, the expense of transporting said child to and from the home of the said Janice Horne Wright to be borne by the defendant, and the time of transportation one way not to be included in said period of thirty days, but the time of transportation one way to be included therein, and the time within the summer vacation when such visit shall be had to be determined by mutual agreement of the parties, failing which the court retains jurisdiction so to determine the same.

'Done and ordered in chambers at Pensacola, Escambia County, Florida, this 10th day of September, A.D. 1945.'

should be, on petition of plaintiff filed July 8, 1947, modified, changed and altered so as to naturally change the custodial decree.

The decree appealed from is as follows:

'This cause coming on to be heard upon petition of the plaintiff for the modification of the order of the division of the custody of Linda Lee Belford, eight years of age, under the provisions of the order entered in the above styled cause on the 10th day of September, 1945, and the Court having heard the testimony of both parties, their witnesses and the child, and it appearing to the court

'That the circumstances of the plaintiff, Janice Horne Belford, now known as Janice Horne Wright, were unsettled in September, 1945, in that her present husband, Charles Wright, III, was a member of the FBI and subject to transfer and in that the Wrights had just had a baby born,

'That the circumstances of the defendant, Walter L. Belford, were such that he had not remarried in September, 1945, that the child Linda Lee Belford was his sole companion and that his mother, Mrs. Annie Belford, could care for the child.

'That the circumstances of the plaintiff, Janice Horne Wright, have now changed in that her husband, Charles Wright III, has settled down to the practice of law in a law firm in which his father, Charles Wright, is the senior partner in Detroit, Michigan; in that the plaintiff and her present husband have purchased a permanent home in Detroit, Michigan; and in that the plaintiff, Janice Horne Wright, can devote her full time to the caring for her child and the keeping of her home,

'That the defendant, Walter L. Belford, has now remarried; that the defendant works at the L. & N. Railroad Shops from the hours of about 4:00 P.M. until 11:30 P.M. (Central Standard Time); that the defendant's present wife, who is fond and affectionate toward the child works in the ticket office at the L. & N. Railroad Depot from about 3:30 P.M. until about 9:30 P.M. (Central Standard Time); that the child has made good progress in school and has attended Sunday School regularly; and that the defendant's mother Mrs. Annie Belford, who is over 70 years of age, takes care of the child, Linda Lee Belford, during the time that the defendant and his present wife are working and sleeping,

'After careful consideration, the court finds that no matter how fond a father may be of his children and no matter what affection he tenders to them, he can never fill the place in a child's life which the Almighty intended to have done by a natural mother. Likewise, this is true of a step-mother who may conscientiously endeavor to substitute herself for the natural mother, and as a result the welfare of the child Linda Lee Belford demands that the custody of the child be given to the Plaintiff with the right of the Defendant to have a visit from the child as hereinafter provided for, it is therefore;

'Ordered adjudged and decreed that the care, custody and control of the infant child, Linda Lee Belford, be and the same is hereby permanently awarded to the plaintiff, Janice Horne Wright, provided, however, that the said Walter L. Belford shall be entitled to have the child visit him for the month of July during the summer vacation of each and every year, commencing in 1948 as the child is now in the custody of the mother, Janice Horne Wright, under a prior order of the Court and will remain so; that the expense of transporting the said child to and from the home of the mother Janice Horne Wright, will be borne by the defendant; that the time of transportation one way will not be included in said month of July but the time of transportation one way will be included therein; and that nothing herein contained shall alter the defendant's obligation to pay for the maintenance of the said child while in the plaintiff's custody, except that...