COMMONWEALTH ex rel. BUNCHER v. BARR


169 Pa.Super. 45 (1951)

Commonwealth ex rel. Buncher, Appellant, v. Barr.

Superior Court of Pennsylvania.

July 19, 1951.


Attorney(s) appearing for the Case

Clarence M. Freedman, for appellant.

Irving R. Shull, with him Alfred I. Ginsburg and Bernard L. Lemisch, for appellee.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS, ARNOLD and GUNTHER, JJ.


OPINION BY HIRT, J., July 19, 1951:

Courts have always recognized the propriety of awarding the custody of a child of tender years to its mother. But a mother's right to custody is not absolute and will give way to the best interests of the child. Latney's Appeal, 146 Pa.Super. 20, 21 A.2d 521; Com. ex rel. Martocello v. Martocello, 148 Pa.Super. 562, 25 A.2d 855. The paramount consideration is the welfare of the child. Hixon's Appeal, 145 Pa...

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