Smith v. Smith

CHAPMAN, J.:

From an order awarding the custody of a girl child, Agnes Carolyn Smith, born May 26, 1939, to its mother eleven months of the year and one month to the father, an appeal has been perfected here by the father. Counsel for appellant contend that in awarding the custody of the child preference should be given to the father where each parent is found to be a suitable person to have the custody thereof. Counsel cite and rely on our holdings in Miller v. Miller, 38 Fla. 227, 20 So. 989; Maddox v. Barr, 49 Fla. 182, 38 So. 766; Lee v. Lee, 67 Fla. 396, 65 So. 585; Hopkins v. Hopkins, 84…