Harris v. Harris

• Decision Date: 28 January 1913
• Citation: 61 So. 122,65 Fla. 50
• Parties: HARRIS v. HARRIS.
• Court: Florida Supreme Court

61 So. 122

65 Fla. 50

HARRIS v. HARRIS.

Florida Supreme Court

January 28, 1913

Appeal from Circuit Court, Duval County; R. M. Call, Judge.

Suit by Jessie O. Harris against W. S. Harris for divorce. From an order denying a motion to strike from the files a petition by defendant for modification of the decree as to the custody of minor children, complainant appeals. Affirmed.

Syllabus by the Court

SYLLABUS

In granting a decree for divorce the circuit court exercises a discretion in awarding the custody of minor children, having a due regard to the condition and fitness of the parents and the interests of such children; the power being reserved to alter or modify the decree in this respect from time to time upon a proper showing, as the exigencies of the case or altered conditions may seem to require.

COUNSEL B. F. Cone, of Jacksonville, for appellant.

M. M Scarborough, of Jacksonville, for appellee.

OPINION

SHACKLEFORD C.J.

The appellant, in a suit for divorce upon the ground of willful obstinate, and continued desertion for a period of one year by the appellee, was awarded the following decree:

'This cause coming on to be heard upon the special master's report, and it appearing that there is no testimony, save the sworn testimony of the complainant in her behalf and the sworn testimony of Mrs. Laura J. Eames and Raleigh C. Dowling, and it appearing that the complainant has proven the allegations of her bill of complaint, therefore it is considered, adjudged, and decreed that the matrimony, now and heretofore existing between the complainant, Jessie O. Harris, and the respondent, William S. Harris, be forever dissolved and annuled a vinculo matrimonii.

'It is further ordered, adjudged, and decreed that the complainant, Jessie O. Harris, shall have the exclusive care, keeping, custody, and control of the minor child, Richard Wesley until he is 21 years of age, or until the further orders of this court; and, further, William S. Harris, the father of said minor child, Richard Wesley, shall be allowed to visit said child at such times and places as may be convenient and reasonable, and the said minor child shall be allowed to visit its father, the said William S. Harris, one day in each week, and spend one week in each year with the said father, until it shall become 21 years of age, or until the further orders of this court.

'It is further provided, ordered, adjudged, and decreed that if the character of either the father, William S. Harris, or the mother, Jessie O. Harris, of said minor child, shall become disreputable and unfit to have the care custody, or control of said child, or if...