Sayward v. Sayward

The record reveals that the plaintiff instituted a suit for divorce against her husband in the Circuit Court of Dade County, Florida. It was alleged in the bill and admitted in the answer that both parties to the suit were fit and proper persons to be awarded the custody of the minor children born of the marriage. The prayer of the bill was "that joint custody of the minor children be awarded to plaintiff and defendant or if the court prefers that plaintiff have custody for six months and the defendant have custody for six months." Testimony was taken on the issues presented by the bill and answer. Subsequently the special master made his report to the court, in which he recommended that joint custody or the minor children be awarded to plaintiff and defendant "with the reservation that the plaintiff shall have the care, custody and control of said children during the school year, until such time as said children become of age." A final decree was entered by one of the chancellors of the Dade County Circuit Court, which confirmed the report of the special master and awarded custody in accordance with the masters recommendation.