Ex Parte Berryhill

Certiorari was granted to determine whether or not the Court of Civil Appeals had applied the correct standards of law in this child custody case. The facts and issues are sufficiently described in that Court's opinion, 410 So.2d 413. We reverse and remand for further proceedings.

The Court of Civil Appeals has utilized the wrong test of parental qualification for custody of a minor child by its natural parent. Proceeding from a factual finding that "the father showed little interest in providing for or being with his son for the four years prior to the death of the mother," the Court…