Besade v. Besade, 74--1406
| Decision Date | 06 May 1975 |
| Docket Number | No. 74--1406,74--1406 |
| Citation | 312 So.2d 484 |
| Parties | Linda BESADE, Appellant, v. Monica BESADE and Alfred Besade, Sr., et al., Appellees. |
| Court | Florida District Court of Appeals |
Cushman & Cushman, Miami, for appellant.
Horton, Perse & Ginsberg, Miami, for appellees.
Before PEARSON, HENDRY and HAVERFIELD, JJ.
The mother of two minor children appeals an order of the circuit court placing the children in the permanent custody of the maternal grandparents. The maternal grandparents were not parties to the proceedings in the trial court nor have they filed a petition for custody. A final judgment of divorce was entered for the plaintiff mother in 1971. Custody of the children was awarded to the mother. A subsequent petition by the father for a change of custody resulted in an order of January, 1972, placing the children with their maternal grandparents pending a report to the juvenile court. In September of 1972, the paternal grandparents petitioned the court for a change of custody to themselves. This petition was denied. In March of 1973, the children were returned to the plaintiff mother. Later, without benefit of court order, the children were taken by the paternal grandparents. In July of 1973 the court referred the matter of custody to the Domestic Relations Staff for investigation and report. This report recommended the children be returned to their mother, and thereafter the court so ordered. However, this order was not complied with. Instead, the paternal grandparents filed a petition for restraining order, and following a response by the plaintiff mother, they filed a petition to retain custody. The trial court then referred the petition to a general master. The general master recommended that the children be given to the maternal grandparents. All parties filed exception to the general master's report and the court confirmed the custody.
A court of general jurisdiction does not have unlimited discretion as to an award of the custody of a child. See Hernandez v. Thomas, 50 Fla. 522, 39 So. 641 (1905). Where jurisdiction to award custody is received by the court pursuant to the dissolution of a marriage, the discretion is set forth in the statute:
'61.13 Custody and support of children, etc., power of court in making orders.--
'(1) * * *
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Gorman v. Gorman, 80-338
...Appellant cites Hernandez v. Thomas, 50 Fla. 522, 39 So. 641 (1905), Foster v. Sharp, 114 So.2d 373 (Fla. 3d DCA 1959), Besade v. Besade, 312 So.2d 484 (Fla. 3d DCA 1975), and Behn v. Timmons, 345 So.2d 388 (Fla. 1st DCA 1977), for applications of the proposition that, absent a finding of u......
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Pape v. Pape
...may not be awarded permanent custody of children, 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. Sin......
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Hammond v. Howard, 5D02-402.
...DCA 1987); Pape v. Pape, 444 So.2d 1058 (Fla. 1st DCA 1984); Johnson v. Richardson, 434 So.2d 972 (Fla. 5th DCA 1983); Besade v. Besade, 312 So.2d 484 (Fla. 3d DCA 1975)).1 This rule, which is premised on the widely held view that the family unit should be preserved, derives from the semina......
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Alderman v. Alderman, BF-436
...may not be awarded permanent custody of children, 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. Sin......