COM. EX REL. LEE v. LEE


248 Pa.Super. 155 (1977)

374 A.2d 1365

COMMONWEALTH of Pennsylvania ex rel. Arline LEE a/k/a Arline C. Lee v. Robert E. LEE, Appellant.

Superior Court of Pennsylvania.

Decided June 29, 1977.


Attorney(s) appearing for the Case

Michael J. Pepe, Jr., Philadelphia, for appellant.

George M. Bobrin, Philadelphia, for appellee.

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


SPAETH, Judge:

This is an appeal by a father from an order awarding permanent custody of a now nine year old girl, Kelly Ann, to her mother. The order must be set aside and the record remanded for a new hearing. The hearing judge incorrectly applied the "tender years presumption," and he interviewed Kelly Ann in chambers, without counsel, and without having the interview transcribed. Because of these errors it...

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