McGOWAN v. McGOWAN


248 Pa.Super. 41 (1977)

374 A.2d 1306

Donald C. McGOWAN, Appellant, v. Barbara McGOWAN.

Superior Court of Pennsylvania.

Decided June 29, 1977.


Attorney(s) appearing for the Case

Harry J. Gruener, Pittsburgh, with him Litman, Litman, Harris & Specter, Pittsburgh, for appellant.

Edwin H. Beachler, III, Pittsburgh, with him Stephen C. Forbouck, Pittsburgh, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE and SPAETH, JJ.


HOFFMAN, Judge:

Appellant contends that the lower court erred in granting custody of appellant's minor child to appellee, the natural mother, first, because the mother has a history of mental instability, and, second, because the court impermissibly relied on the "tender years" doctrine in making the award. We agree with appellant's second contention, and therefore, reverse the order of the lower court and remand for further proceedings.

On November 6, 1975...

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