Robertson v. Bass

Citations

• 52 Fla. 420

Syllabus

<p>1. A mother having articled her infant children in Georgia to a stranger who has maintained them decently and lovingly, on a contest over their .possession in this State, the court need not inquire whether the Georgia statute governing apprenticeships has been strictly complied with, when the maternal right only is involved.</p> <p>2. The trial of the issue on habeas corpus for the possession of a child being to the court, it may receive evidence as to the laws of a sister State as to the capacity of a married woman to contract even though such laws may not have been strictly complied with by the party offering the evidence.</p> <p>3. In controversies over the possession of a child three matters are to be considered: the rights of the parent, the rights and interests of the person to whom the'care •and custody of the child has been entrusted, and the welfare of the child. The first may be forfeited by miscon- * duct or voluntary relinquishment; the agreement to relinquish is not absolute and irrevocable, but when a contention arises much will depend on the character of the parties, the length of time elapsed and the circumstances of the particular case; all, however, subordinate to the interests of the child.</p> <p>4. The Circuit Court having left with the foster-parents two small children who when feeble and helpless were voluntarily relinquished to them by the mother, now a stranger to them, after the lapse of four years the status will not be disturbed by the appellate court because the mother has bettered her condition by a recent marriage; ' it not being made to appear that the interests of the children demand the change.</p> <p>(Whitfield, and Parkhill, JJ., dissenting.)</p>