IN THE INTEREST OF R. L. G., A CHILD
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A Florida appellate court reversed a juvenile court decision awarding custody of an illegitimate child to the putative father, holding that the natural mother has a prima facie right to custody unless proven unfit, and the evidence did not establish unfitness.
The natural mother of an illegitimate child has a prima facie right to custody as against the putative father unless she is proven to be unfit. The evidence before the Juvenile Court was insufficient to demonstrate the unfitness or unsuitability of the natural mother, and therefore the custody award to the putative father was improper.
[1] The best interest and welfare of the child is the paramount consideration in determining child custody.
[2] The mother of an illegitimate child has a prima facie right to custody as against the putative father, unless proven unfit.
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Join FLexlaw to unlock all legal intelligence“The paramount consideration in the determination of the custody of a child, whether legitimate or illegitimate, is the best interest and welfare of the child.”
Establishes the overarching legal standard governing all child custody determinations
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Join FLexlaw to unlock all legal intelligenceThe case involves a custody dispute over an illegitimate child between the natural mother and the putative father. The Juvenile Court awarded custody …
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We have reviewed the briefs, record on appeal and heard oral argument and are of the opinion that the order awarding custody to the putative father rather than the natural mother is not supported by competent substantial evidence.
The paramount consideration in the determination of the custody of a child, whether legitimate or illegitimate, is the *5best interest and welfare of the child. 17 Fla.Jur. Infants § 14. All jurisdictions recognize that within the framework of this principle the mother of an illegitimate child has a natural primary or prima facie right to the custody of a child as against a putative father unless she is proved to be an unfit person to be entrusted with such a charge. Marshall v. Reams, 1893, 32 Fla. 499, 14 So. 95; 98 A.L.R.2d 417 — “Right of Mother to Custody of an Illegitimate Child”; 37 A.L.R.2d 882 — “Right of Putative Father to Custody of Illegitimate Child”; 4 Fla.Jur. p. 637; Cornell v. Hartley, 1967, 54 Misc.2d 732, 283 N.Y.S.2d 318; Roe v. Doe, 1968, 58 Misc.2d 757, 296 N.Y.S.2d 865; Commonwealth ex rel. Gifford v. Miller, 1968, 213 Pa.Super. 269, 248 A.2d 63; Sanders v. Sanders, 1958, 232 S.C. 625, 103 S.E.2d 281. The evidence and the testimony before the Juvenile Court Judge who entered the decree awarding custody to the putative father is insufficient to demonstrate the unfitness or unsuitability of the natural mother. See Commonwealth ex rel. Gifford v. Miller, supra; Cornell v. Hartley, supra; Roe v. Doe, supra; see also Dillman v. Dillman, Fla.App. 1958, 105 So.2d 33.1
Accordingly, the order of the Juvenile Court awarding custody to the putative father is vacated and set aside and the cause remanded to the Juvenile Court for the purpose of entering an order awarding custody to the mother provided, however, that nothing herein is intended to preclude the Juvenile Court upon a proper pleading and proof from entering such other orders as may be deemed to be in the best interest and welfare of the child.
Reversed and remanded.
CROSS and MAGER, JJ., concur.
REED, C. J., dissents.
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Kendrick v. Everheart, 390 So. 2d 53 (Fla. 1980)…court when entering an order in matters which will affect him. See In re Brock, 157 Fla. 291, 25 So. 2d 659 (1946); Porter v. Porter, 60 Fla. 407, 53 So. 546 (1910); Spencer v. Spencer, 305 So. 2d 256 (Fla. 3d DCA 1974); In the Interest of R. L. G., 274 So. 2d 4 (Fla. 4th DCA 1973); Tom v. State, 153 So. 2d 334 (Fla. 2d DCA 1963). Although section 744.301(1), Florida Statutes (1977), names the natural mother of an illegitimate child as its natural guardian, she may transfer her guardianship rights to anothe…
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In the Interest of S.M.H., 531 So. 2d 228 (Fla. 1st DCA 1988)…al mother is an unfit person to be entrusted with the child; or (2) that the mother has abandoned the child or taken such other action as would indicate an intention to relinquish her parental rights (citing, among others, In the Interest of R.L.G., 274 So. 2d 4 (Fla. 4th DCA 1973), and In re the Matter of the Adoption of M.Q., 475 So. 2d 1306 (Fla. 4th DCA 1985)). The court found that neither of the above factors was present to overcome the presumption in favor of the mother. This same issue has been deal…
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Mr. Jones v. Mr. Smith, 278 So. 2d 339 (Fla. 4th DCA 1973)…and putative father, t]ie mother of an illegitimate child had the legal right to its custody, care and control superior to the right of the putative father, unless the mother is proved to be an unfit person. In the interest of R.L.G., Fla.App.1973, 274 So. 2d 4. Appellant’s contentions are equally tenuous and as a practical matter overlook the decisions of the United States Supreme Court and the statutory enactments authorizing the termination of pregnancies. The questions of fitness or abandonment would s…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Marshall v. Reams, 32 Fla. 499 (Fla. 1893)
- Dillman v. Dillman, 105 So. 2d 33 (Fla. 2d DCA 1958)