Padilla v. Catholic Service Bureau, Inc., 74--1481

• Decision Date: 08 July 1975
• Docket Number: No. 74--1481,74--1481
• Citation: Padilla v. Catholic Service Bureau, Inc., 315 So.2d 485 (Fla. App. 1975)
• Parties: Concepcion PADILLA, Appellant, v. CATHOLIC SERVICE BUREAU, INC., Appellee.
• Court: Florida District Court of Appeals

Page 485

315 So.2d 485

Concepcion PADILLA, Appellant, v.CATHOLIC SERVICE BUREAU, INC., Appellee.

No. 74--1481.

District Court of Appeal of Florida, Third District.

July 8, 1975.

Carmen L. Leon and Yvette G. Murphy, Miami, for appellant.

Walton, Lantaff, Schroeder, Carson & Wahl and Roy B. Gonas, Miami, for appellee.

Halpern, Shenberg & Langer, Miami, for Division of Family Services, amicus curiae.

Before PEARSON, HENDRY and HAVERFIELD, JJ.

PER CURIAM.

Appellant, Concepcion Padilla, appeals an order permanently committing her 7 1/2 year old son to the care, custody and control of the Catholic Service Bureau for subsequent adoption following a full evidentiary hearing.

Appellant principally argues that the trial judge misinterpreted the legal effect of the evidence presented by entering the subject order of permanent custody.We cannot agree.

Although parents have the Godgiven right to the care, custody and companionship of their children, the right is not absolute but subject to the overriding principle that it is the ultimate welfare or best interest of the children which must prevail.Noeling v. State, Fla.1956, 87 So.2d 593;Justice v. Van Eepoel, Fla.1961, 132 So.2d 407;In re Pendarvis, Fla.App.1961, 133 So.2d 424;Potvin v. Keller, Fla.App.1974, 299 So.2d 149.

After a careful scrutiny of the record on appeal, we cannot say that the trial judge abused his discretion in determining that the best interest of the child would be commitment of his permanent custody to the appellee, as the evidence amply supported said ruling.

We also considered appella...