COM. EX REL. GULAS v. GULAS


254 Pa.Super. 516 (1978)

386 A.2d 69

COMMONWEALTH ex rel. Heather Lee GULAS, by her mother and natural guardian, Lorraine Gulas v. Robert W. GULAS, Appellant.

Superior Court of Pennsylvania.

Decided April 28, 1978.


Attorney(s) appearing for the Case

Correale F. Stevens, Hazleton, for appellant.

Thomas J. Carlyon, Hazleton, for appellee.

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


CERCONE, Judge:

This appeal arises from an order of the Common Pleas Court of Luzerne County granting custody of appellant's minor child to appellee, the natural mother. We find the lower court impermissibly relied on the "tender years" doctrine in making the award and therefore reverse and remand for further proceedings.

Robert and Lorraine Gulas were married in April, 1975, and one child, Heather Lee, was born of the marriage later that year. While the recollection...

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