Should Custody Be Denied to the Natural Parent If It Is Detrimental to the Welfare of the Child ?
In Sparks v. Reeves, 97 So. 2d 18, 20 (Fla. 1957) the court held that in such a circumstance, custody should be denied to the natural parent only when such an award will, in fact, be detrimental to the welfare of the child.
The court explained what would constitute detriment to the child and approved a temporary grant of custody to the grandparents because of the father's temporary inability to care for the children after the mother's death.
The court cautioned, however, that the father would be entitled to custody once his ability to care for the children was established.