FOSTER v. SHARPE

No. 58-573.

114 So.2d 373 (1959)

Mary E. FOSTER, Appellant, v. William E. SHARPE and Maxine Sharpe, his wife, Appellees.

District Court of Appeal of Florida. Third District.

September 8, 1959.


Attorney(s) appearing for the Case

McCahill & McKenry, Miami, for appellant.

Melvin Schaffer, Miami, for appellees.


PEARSON, Judge.

The mother of a minor child appeals from a final judgment in a habeas corpus proceeding, in which the court awarded custody of the child to the paternal aunt and her husband. We find the trial judge failed to apply the principle that where a parent has proved he or she is adequately able to care for his or her child in a manner in keeping with the child's welfare that the legal right of such parent may not be overcome by the fact that another's offerings...

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