Habeas Corpus For Child Custody

30 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• State ex rel. Charles B. Sparks v. Mrs. A. E. Reeves
  97 So. 2d 18· Fla.· 1957-09-18 ·cited 127×
  The court affirmed the denial of custody transfer, but without prejudice to the father to renew his application, emphasizing that continued demonstration of his capacity to care for the children should lead to recognition of his legal right.
• Digirogio v. Digirogio
  153 Fla. 24· Fla.· 1943-05-18 ·cited 70×
  A mother sought custody of her six-year-old son via habeas corpus based on a separation agreement with the child's father. The trial court, emphasizing the parents' California residence, awarded custody to the mother without hearing evidence on the material issues of parental fit
• Marshall v. Reams
  32 Fla. 499· Fla.· 1893-06-01 ·cited 59×
  In this habeas corpus dispute, the Florida Supreme Court reversed the lower court's award of custody of a minor to his uncle, holding that while the mother had the legal right to transfer custody to her brother, the child's welfare—including evidence of harsh treatment, his age a
• Rhoades v. Bohn
  114 So. 2d 493· Fla. 1st DCA· 1959-09-08 ·cited 40×
  A mother sought to regain custody of her child via habeas corpus in Florida after a Wisconsin court modified a divorce decree to award custody to the father, but the Florida court dismissed her petition.
• State v. Augustus P. Hamans
  118 Fla. 230· Fla.· 1935-01-21 ·cited 40×
  A mother sought habeas corpus relief to regain custody of her six-year-old daughter who had been placed with the respondents following the father's death. The Florida Supreme Court affirmed the trial court's judgment awarding custody to the respondents, holding that the child's w
• Vivienne Brown and Arthur Brown v. TAN
  395 So. 2d 1249· Fla. 3d DCA· 1981-03-26 ·cited 38×
  The Florida District Court of Appeal affirmed a trial court's order granting habeas corpus relief and returning a 12-year-old child to his natural father in Singapore, holding that Florida lacked jurisdiction under the Uniform Child Custody Jurisdiction Act because Singapore was
• Paran M. Hopkins v. Hopkins
  84 Fla. 500· Fla.· 1922-10-28 ·cited 33×
  A wife sought habeas corpus to obtain custody of two minor sons from their father. The lower court awarded one son to the father and one to the mother. The Florida Supreme Court reversed, holding that absent a showing the father is unfit or that the mother's custody would better
• State ex rel. Wendell F. Rasco v. Wilhelmina Gates Rasco
  139 Fla. 349· Fla.· 1939-07-18 ·cited 26×
  This case concerns a conflict of jurisdiction over a minor child's custody between Florida and New Jersey courts. The Florida Supreme Court held that the Florida court had jurisdiction because the child resided there with the mother, prioritizing the child's welfare over conflict
• Miller v. Miller
  38 Fla. 227· Fla.· 1896-06-01 ·cited 26×
  A habeas corpus proceeding concerning custody of a minor child between separated parents. The Florida Supreme Court reversed the trial court's decision to award custody to a maternal aunt, holding that the father's paramount common law right to custody of his legitimate child sho
• State of Fla. ex rel. Inez L. Cline v. Cline
  91 Fla. 300· Fla.· 1926-02-23 ·cited 25×
  This case involves a mother seeking custody of her children from their paternal uncle via a writ of habeas corpus. The appellate court reversed the lower court's decision, finding insufficient cause to deprive the mother of custody.
• Marvel R. Neal v. State of Fla. ex rel. J. A. Neal & Zenia Neal
  135 So. 2d 891· Fla. 1st DCA· 1961-12-21 ·cited 24×
  A Florida appellate court reversed a trial court's judgment awarding custody of a minor child to grandparents based on a Mississippi habeas corpus decree. The court held that custody decrees are not entitled to full faith and credit protection and may be modified based on comity
• Hitup Maddox v. Leda Ray Barr
  49 Fla. 182· Fla.· 1905-01-01 ·cited 18×
  The Supreme Court of Florida reviewed a lower court's decision to grant a mother custody of her child via habeas corpus. The court reversed the decision, finding that the mother's return did not overcome the father's claim to custody based on a prior divorce decree.
• Hall v. Fla. State Dep't OF Pub. Welf. & Anne Curtwright
  226 So. 2d 39· Fla. 4th DCA· 1969-07-25 ·cited 11×
  Parents challenged a juvenile court order placing their minor children in permanent state custody by filing a habeas corpus petition rather than appealing. The Fourth District Court of Appeal affirmed the lower court's dismissal of the habeas corpus writ, holding that habeas corp
• Smith v. Smith
  160 Fla. 870· Fla.· 1948-10-01 ·cited 9×
  In this child custody appeal, the Florida Supreme Court affirmed a trial court's award of primary custody of a minor child to her mother (eleven months per year) rather than her father (one month per year), rejecting the father's argument that courts should prefer fathers when bo
• Martens v. State
  100 So. 2d 440· Fla. 3d DCA· 1958-02-11 ·cited 7×
  This case involves a dispute over a minor child's custody between the father and the paternal grandfather. The appellate court affirmed the father's custody but remanded the case to allow the trial court to consider visitation rights for the grandfather.
• Pereira v. Ibrahim Shanti
  751 So. 2d 1291· Fla. 3d DCA· 2000-03-30 ·cited 6×
  Maria Pereira appealed a trial court order granting temporary custody of her two-year-old son to the father, Ibrahim Shanti, after she breached an agreement to return to Jordan following a Florida vacation. The court affirmed, holding that Florida lacked jurisdiction under the Un
• LEE v. Meeks
  592 So. 2d 282· Fla. 1st DCA· 1991-12-13 ·cited 6×
  The Lees, paternal grandparents, sought a writ of habeas corpus in Florida to enforce a Tennessee court's temporary custody order awarding them custody of the child pending final hearing. The Florida trial court denied the petition, finding that the best interests of the child re
• Hickey v. Baxter
  800 F.2d 430· 4th Cir.· 1986-09-15 ·cited 6×
  The court held that the Parental Kidnapping Prevention Act (PKPA) allows federal courts to enforce one of two conflicting state custody orders, and the traditional domestic relations exception does not apply to such actions.
• McKINNEY v. Weeks
  130 So. 2d 310· Fla. 2d DCA· 1961-04-26 ·cited 6×
  Joan McKinney appealed a lower court decision denying her habeas corpus petition to regain custody of her infant son born out of wedlock, who was placed with the Weeks for adoption. The appellate court reversed, finding that the adoption consent signed by the mother in blank (wit
• Mitchell v. Mitchell
  294 So. 2d 44· Fla. 3d DCA· 1974-04-02 ·cited 5×
  Dennis Mitchell appeals a Florida circuit court's habeas corpus order returning three minor children to New York to their mother's custody under a New York divorce decree. The court held that while not bound by full faith and credit, it may enforce a foreign custody decree under
• Mattison v. State of Fla. ex rel. Edith Eaton Lowe
  107 So. 2d 747· Fla. 2d DCA· 1958-12-19 ·cited 4×
  In this habeas corpus custody case, the Florida District Court of Appeal affirmed the trial court's award of custody of a minor granddaughter to her maternal grandmother, Edith Eaton Lowe, over the objections of the child's mother Caroline L. Mattison and stepfather Leland F. Mat
• State of Fla. ex rel. Charles B. Sparks v. Mrs. A. E. Reeves
  81 So. 2d 754· Fla.· 1955-07-27 ·cited 4×
  The Florida Supreme Court affirmed a lower court's decision to deny a father's petition to regain custody of his two young children from their maternal grandmother. The court found the father had not sufficiently demonstrated his parental interest and that the children's best int
• State v. Hurley
  137 Fla. 488· Fla.· 1938-11-29 ·cited 3×
  Florida Supreme Court upheld the guardianship of Myrtle K. Hurley over a 14-year-old adopted minor in a habeas corpus proceeding brought by the child's adoptive father. The court emphasized that the best interest of the child, as evidenced by her preference, the deceased mother's
• Langan v. Langan
  D.D.C.· 1945-06-29 ·cited 2×
  The court held that the trial court properly disregarded prior custody orders from other states and awarded custody based on the child's best interests.
• Bette Heffernan v. Goldman
  256 So. 2d 522· Fla. 4th DCA· 1971-09-09 ·cited 1×
  A mother sought a writ of habeas corpus to regain custody of her two minor children from their stepmother, who had cared for them following their father's death. The trial court awarded custody to the stepmother based on the children's best interests, and the appellate court affi
• Hana Sargi v. Ali Hernandez
  939 So. 2d 179· Fla. 3d DCA· 2006-10-05
  Hana Sargi appeals a habeas corpus order requiring her to return their two children to her husband, Ali Hernandez, so he could take them back to Saudi Arabia. The Third District Court of Appeal quashed the writ, holding that habeas corpus relief is improper when there is no prior
• Stern v. Matheisl
  267 So. 2d 343· Fla. 4th DCA· 1972-04-24
  In this child custody appeal, Catherine Stern challenged a Florida trial court's grant of a habeas corpus petition that awarded custody of the parties' minor child to Robert Matheisl based on a prior California custody order. The Fourth District Court of Appeal affirmed, holding
• State v. TOM
  22 Fla. Supp. 97· Pinellas Cty. Cir. Ct.· 1963-11-26
  In a habeas corpus proceeding concerning custody of minor children, the court determined that habeas corpus in child custody cases is an equitable action, not a legal one, thereby granting the court jurisdiction to award not only custody but also child support. The court held tha
• State v. Alphonse Clark
  131 Fla. 684· Fla.· 1938-03-04
  A father sought custody of his three-and-a-half-year-old son through habeas corpus proceedings, but the trial court awarded custody to the child's aunt (Louise Clark) after finding the father had shown marked indifference toward the child while living with the maternal grandparen