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COM. ex rel. FOX v. FOX

216 Pa.Super. 11 (1969)

Commonwealth ex rel. Fox, Appellant, v. Fox.

Superior Court of Pennsylvania.

December 11, 1969.

Attorney(s) appearing for the Case

G. Christianson, with him Alvin B. Lewis, Jr., James R. Whitman, Norbert J. Powell, and Lewis, Brubaker, Whitman and Christianson, for appellant.

James T. Reilly, with him Egli, Walter and Reilly, for amicus curiae.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.

OPINION BY HOFFMAN, J., December 11, 1969:

Gabrielle Fox filed a petition for writ of habeas corpus seeking the return of her five-year old son James Fox from his father. After various hearings, the Court filed a memorandum opinion awarding the custody of the child neither to the mother nor the father, but to the boy's paternal aunt who was not a party to the proceeding.

The only justification given by...

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