Simon v. Calvert

DIXON, Justice.

This is a rule to change child custody from the mother to the father of three minor children, a daughter who is now fifteen, a son who is now twelve and another sone who is nine years of age.

The trial court rendered judgment for the plaintiff father, awarding him the custody of the children. The Court of Appeal affirmed (300 So.2d 608). We granted writs because of an apparent inconsistency in the reasons for judgment in both courts below.

The basis for the rule for change of custody was a claim of moral depravity against the mother. It was alleged that she worked as a barmaid,…