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COM. ex rel. O'HEY v. McCURDY

196 Pa.Super. 79 (1961)

Commonwealth ex rel. O'Hey v. McCurdy, Appellant.

Superior Court of Pennsylvania.

September 12, 1961.

Attorney(s) appearing for the Case

Nochem S. Winnet, with him Thomas B. Moreland Porter, Jr., and Foulke, Knight & Porter, and Fox, Rothschild, O'Brien & Frankel, for appellant.

William F. Fox, with him Fox, Differ, DiGiacomo & Lowe, for appellee.

Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).

OPINION BY ERVIN, J., September 12, 1961:

This appeal concerns a controversy between divorced parents over the custody of four of their five children.

By a decree dated February 8, 1961 custody was given to the mother with liberal visitation rights (ninety-nine days per year) to the father. The parties were married August 7, 1948 and were divorced on July 10, 1960. There were five children born as a result...

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