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IN RE GUARDIANSHIP OF D.A. McW.

No. 81-1568.

429 So.2d 699 (1983)

In re the GUARDIANSHIP OF D.A. McW., a Minor, Incompetent.

District Court of Appeal of Florida, Fourth District.

Motions for Rehearing Granted in Part and Denied in Part April 20, 1983.

Attorney(s) appearing for the Case

Mitchell B. Luber of Mitchell B. Luber, P.A., Fort Lauderdale, for appellant Albert McW.

Frank E. Maloney, Jr., of Frank E. Maloney, Jr., P.A., Macclenny, for appellee Emma Nero.

ANSTEAD, Judge.

This is an appeal from a final judgment denying the petition of appellant Albert McWhite for the guardianship and custody of his natural child, and awarding custody to appellee, Emma Nero, the maternal grandmother. We must decide on appeal the legal standard to be applied for determining when custody of a child born out of wedlock may be denied to the natural parent.

The child was born on February...

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