Niles v. Niles, 73--730
| Decision Date | 04 September 1974 |
| Docket Number | No. 73--730,73--730 |
| Citation | 299 So.2d 162 |
| Parties | Gloria Marion NILES, Appellant, v. Donald Milton NILES, Appellee. |
| Court | Florida District Court of Appeals |
Gerald R. Herms, Tampa, for appellant.
Horace A. Knowlton, III, of Hughes & Knowlton, Tampa, for appellee.
Appellant appeals a post-dissolution order which changed the custody of her two minor children from herself to appellee. Appellant, a white woman, asserts that she was improperly deprived of her custody rights by reason of her impending marriage to a black man.
From a study of the record we do not believe it can fairly be said that appellant lost her children solely because of her proposed interracial marriage. The evidence shows that on a number of occasions following the dissolution, men have spent the night in appellant's apartment while the children were present. Moreover, appellant has suffered from emotional instability as reflected by the fact that she was hospitalized with a nervous breakdown. Testimony indicates that the conduct of the children has changed for the worse in recent months. The circuit court counsellor recommended that custody of the children be awarded to appellee because appellant had 'chosen for herself, and therefore for herself And the children, a life style unacceptable to the father of the children and the society in which we live.'
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Palmore v. Sidoti
...earlier report "in [another] case coming out of this circuit also involving the social consequences of an interracial marriage. Niles v. Niles, 299 So.2d 162." Id., at 25. From this vague reference to that earlier case, the court turned to the present case and noted the counselor's recommen......
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Hadley v. Cox, 84-299
..."extraordinary burden." McGregor, 418 So.2d at 1074.2 Cf., Culpepper v. Culpepper, 408 So.2d 782 (Fla. 2d DCA 1982); Niles v. Niles, 299 So.2d 162 (Fla. 2d DCA 1974).3 Johnston v. Boram, 386 So.2d 1230 (Fla. 5th DCA ...
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Beaman v. Beaman, 80-946
...them. See Rosenberg v. Rosenberg, 365 So.2d 185 (Fla.3d DCA 1978), Young v. Young, 305 So.2d 92 (Fla.1st DCA 1974) and Niles v. Niles, 299 So.2d 162 (Fla.2d DCA 1974). As written the limitation would require such a hearing in order for it to be Appellant's remaining points on appeal do not ......