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COMMONWEALTH EX REL. MCDONALD v. MCDONALD (06/11/57)

June 11, 1957

COMMONWEALTH EX REL. MCDONALD
v.
MCDONALD, APPELLANT.



Appeals, Nos. 245 and 248, Oct. T., 1956, from orders of Municipal Court of Philadelphia County, July T., 1955, No. 33671, in case of Commonwealth ex rel. Francis R. McDonald v. Mary McDonald. Orders reversed.

COUNSEL

Paul W. Knox, with him Rambo, Knox & Landreth, for appellant.

Paul Ribner, for appellee.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, and Carr, JJ. (hirt, J., absent).

Author: Woodside

[ 183 Pa. Super. Page 412]

OPINION BY WOODSIDE, J.

This is an appeal from an order of the Municipal Court of Philadelphia granting custody of a minor child to his father, Francis R. McDonald, who had instigated this habeas corpus proceeding against Mary McDonald, paternal aunt of the father.

The child, Raymond Gerald McDonald, was born July 26, 1944. He was the product of a war marriage, which, during the few years of its existence, was marred by numerous separations.

The mother obtained a divorce from the father in Mississippi in March of 1948. The father claimed that he received no notice of this divorce action, and that he had no knowledge of it until long after the decree

[ 183 Pa. Super. Page 413]

    was entered. The Mississippi divorce decree placed Raymond Gerald "in the full and complete care, control and custody" of his mother. At that time she did not have actual custody of the boy, and she has shown no particular interest in him since 1947 when she left him with her mother in Plant City, Florida.

While Raymond was with his maternal grandmother in Florida, the father, according to his own testimony, "walked into the house and picked the boy up and took him" to the home of the child's paternal grandfather in North Carolina.

During the month of December 1947, when Raymond was three years old, the paternal grandfather brought him to Mary McDonald with whom he has lived since that time. Miss McDonald is a teacher in the Philadelphia public school system. At the time of the hearing she was 49 years old, and resided at 2517 N. Howard St., ...


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