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COMMONWEALTH EX REL. TURNER v. STRANGE. (07/21/55)

July 21, 1955

COMMONWEALTH EX REL. TURNER, APPELLANT,
v.
STRANGE.



Appeal, No. 132, Oct. T., 1955, from order of Municipal Court of Philadelphia County, Dec. T., 1954, No. 190471, in case of Commonwealth of Pennsylvania ex rel. Marie Turner v. Jesse Strange. Order reversed.

COUNSEL

Mark Charleston, for appellant.

Samuel Gorson, for appellee.

Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside, and Ervin, JJ.

Author: Woodside

[ 179 Pa. Super. Page 84]

OPINION BY WOODSIDE, J.

The lower court in this case dismissed the appellant's petition for a writ of habeas corpus through which she was seeking the right to visit her two children. The court was in error.

The petitioner was 16 when she married the respondent. They had two children Roberta, born October 18, 1942 and Jesse born October 24, 1944. The parties separated in March 1947 and were divorced in November of that year. The father remarried in 1948 and the mother in 1952. There is evidence that prior to the separation the mother drank, stayed out all night, and was frequently in the company of the man she subsequently married.

[ 179 Pa. Super. Page 85]

After the separation, the father drove the mother to Atlantic City where she secured a job as a waitress and remained for a year and a half. She returned to Philadelphia in November 1948. When the separation took place the children were living at the home of their paternal grandparents. The mother testified that she was told she could visit them there, that she was satisfied with the arrangements, that she "had no home to take them to."

When the father remarried, Jesse went to live with him, Roberta remaining with her grandparents.

The petitioner did not see the children for seven years prior to the filing of this petition except on two chance occasions, once when she was in a street car and Roberta was on the sidewalk and once when she was on the boardwalk at the seashore and Roberta on the beach.

During the seven year period since separation she has made at most five attempts to see the children. There is no doubt she was not welcome. She did very little in the way of ...


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