COMMONWEALTH ex rel. FINE v. FINE


223 Pa.Super. 151 (1972)

Commonwealth ex rel. Fine v. Fine, Appellant.

Superior Court of Pennsylvania.

November 28, 1972.


Attorney(s) appearing for the Case

David H. Kubert, for appellant.

Stephen I. Weiss, with him Weiss, Nelson & Moskowitz, for appellee.

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


OPINION PER CURIAM, November 28, 1972:

Order affirmed.

DISSENTING OPINION BY HOFFMAN, J.:

This is an appeal from an order awarding custody of the parties' minor son to the father. Appellant alleges primarily that there did not exist that degree of evidence to justify such an order — to wit, that appellee had not sufficiently rebutted the "tender years" presumption normally existing in custody cases.

The parties were married on February...

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