COM., ETC. v. MONTGOMERY CTY. CHILDREN


305 Pa.Super. 545 (1982)

451 A.2d 781

COMMONWEALTH of Pennsylvania ex rel. Alfred A. DAVENPORT v. MONTGOMERY COUNTY CHILDREN & YOUTH SERVICES and Joseph Zdun and Ada Zdun, h/w and Kathy Ann Davenport. Appeal of Alfred A. DAVENPORT.

Superior Court of Pennsylvania.

August 27, 1982.

Rehearing Denied November 12, 1982.

Petition for Allowance of Appeal Granted February 17, 1983.


Attorney(s) appearing for the Case

Francis T. Dennis, Conshohocken, for appellant.

Catherine M. Lecky, King of Prussia, for Zdun, appellees.

Norman A. Klinger, Norristown, for Kathy Davenport, appellee.

Before WIEAND, McEWEN and POPOVICH, JJ.


WIEAND, Judge:

After a full hearing in which a natural mother conceded that she could not care for a four-year-old daughter, the court awarded custody of the child to maternal grandparents in preference to the natural father. The father appealed. We reverse.

Kathy Ann Davenport, a female child, was born January 16, 1977. Her parents, who had been married on May 20, 1976, were separated in June, 1978 and divorced on December 6, 1979. Upon separation, Kathy...

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