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COM. EX REL. WEBER v. WEBER

272 Pa.Super. 88 (1979)

414 A.2d 682

COMMONWEALTH of Pennsylvania, ex rel. Elizabeth WEBER v. Michael WEBER, Appellant.

Superior Court of Pennsylvania.

Filed November 16, 1979.

Attorney(s) appearing for the Case

Dennis Woody, Chester, for appellant.

Thomas L. Kelly, Media, for Commonwealth, appellee.

Before CERCONE, President Judge, and HESTER and HOFFMAN, JJ.

HOFFMAN, Judge:

The issues presented in this custody case include, inter alia,1 whether the lower court erred (1) in failing to file an adequate opinion; (2) in deciding the case on the basis of an inadequate record; and (3) in applying the discredited "tender years" presumption in reaching its decision. We conclude that the lower court did err and, accordingly, vacate its order and remand for further proceedings.

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