Parker v. Gates

Decision Date03 February 1925
Citation103 So. 126,89 Fla. 76
PartiesPARKER et al. v. GATES et al.
CourtFlorida Supreme Court

En Banc.

Error to Circuit Court, Pinellas County; M. A. McMullen, Judge.

Suit by Billy Rice Parker, a minor, by Roena Irene Lamb, his mother and another, against Anna Lula Gates and another. An order awarding the custody of the minor was made, and complainants bring error.

Affirmed in part, and reversed in part.

Syllabus by the Court

SYLLABUS

Order awarding custody of child to another than mother for week-end trips held erroneous. Where the chancellor properly awards the custody of a child to its mother, but orders that another person shall have the right to have the child visit and remain with her for week-end trips, the latter provision of the award is erroneous, and is reversed.

COUNSEL

Dewey A. Dye, of Bradentown, for plaintiffs in error.

Sparkman & Knight, of Tampa, for defendants in error.

OPINION

PER CURIAM.

This writ of error was allowed and taken to an order awarding the custody of a minor child, the order being as follows:

'The above-entitled cause coming on for final hearing upon pleadings in said cause and proofs as taken in open court, and the court, being fully advised in the premises, does order, adjudge and degree that the care custody, and control of Billy Rice Parker be awarded to the complainant Roena Irene Lamb, until said child shall arrive at the age of 21 years, or until the further order of this court.

'It is further ordered, adjudged, and decreed that the defendant Anna Lula Gates shall have the right to have said Billy Rice Parker visit and remain with her for week-end trips beginning Friday afternoon and ending on Monday morning on the second week end, which shall be the first Friday after the second Thursday of each of the following months, for each and every year; that is, January, March, May, July, September, and November: Provided, however, that during the school term such week-end visits shall be from Saturday morning until Sunday afternoon; that also said child shall visit with the defendant Anna Lula Gates for the last 15 days of the month of June of each year hereafter during the continuance of this order.

'It is further ordered, adjudged, and decreed that for the present month of July that the week-end visit of said child to the defendant Anna Lula Gates shall commence on the afternoon of the 18th and shall terminate on the morning of the 21st.

'It is further ordered, adjudged, and becreed that it shall be the duty...

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9 cases
  • Von Eiff v. Azicri
    • United States
    • Florida Supreme Court
    • 12 Noviembre 1998
    ...law, grandparents had no legal right to visit their grandchildren if the child's parents opposed the visitation. See Parker v. Gates, 89 Fla. 76, 103 So. 126 (1925); Olds v. Olds, 356 N.W.2d 571, 572-73 (Iowa 1984); see also Theresa H. Sykora, Grandparent Visitation Statutes: Are the Best I......
  • Behn v. Timmons
    • United States
    • Florida District Court of Appeals
    • 3 Mayo 1977
    ...hold that a grandparent, whose child is deceased, is not entitled to be awarded visitation rights with a grandchild: Parker v. Gates, 89 Fla. 76, 103 So. 126 (1925); Lee v. Kepler, 197 So.2d 570 (Fla.3rd DCA 1967); Rodriguez v. Rodriguez, 295 So.2d 328 (Fla.3rd DCA 1974); Sheehy v. Sheehy, ......
  • Wills v. Wills
    • United States
    • Florida District Court of Appeals
    • 24 Junio 1981
    ...Rodriguez v. Rodriguez, 295 So.2d 328 (Fla. 3d DCA 1974). Furthermore, the Supreme Court of Florida held years ago in Parker v. Gates, 89 Fla. 76, 103 So. 126 (1925) that an award of visitation to a non-parent who had cared for the child over an extended period was "not warranted by the evi......
  • Clark v. Johnson
    • United States
    • Florida Supreme Court
    • 12 Marzo 1926
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