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COMMONWEALTH EX REL. MCNAMEE v. JACKSON (06/11/57)

June 11, 1957

COMMONWEALTH EX REL. MCNAMEE
v.
JACKSON, APPELLANT.



Appeals, Nos. 270 and 271, Oct. T., 1956, from order of Municipal Court of Philadelphia County, No. 196595, in case of Commonwealth ex rel. James F. McNamee v. George Jackson et ux. Order reversed.

COUNSEL

Harry D. Sporkin, with him Jacob B. Abrams, for appellant.

Francis E. Shields, with him Pepper, Bodine, Frick, Scheetz, & Hamilton, for appellee.

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

Author: Woodside

[ 183 Pa. Super. Page 523]

OPINION BY WOODSIDE, J.

This is an appeal from an order of the Municipal Court of Philadelphia granting custody of two minor children to their father, who had instigated this habeas corpus proceeding against Marguerite and George Jackson, the children's maternal grandparents.

The mother and father were married June 28, 1940. They had two children, James F. McNamee, Jr., born December 2, 1942, and Joseph Gregory McNamee born October 18, 1947. On October 18, 1948, the mother and father separated, the two boys remaining with their mother who resided with her mother and father, the defendants in this action.

On November 2, 1951, the petitioner and his wife were divorced. Three months and two days later the petitioner married Helene O'Brien.

The mother of the two boys died May 9, 1952.

[ 183 Pa. Super. Page 524]

By agreement of all concerned, the children continued to live with their maternal grandparents after their mother's death. Their father contributed $20 a week to their support, and visited them weekly.

On January 17, 1956, the father instituted this action. After a hearing, the lower court awarded the children to their father, giving to the grandparents "liberal rights of visitation."

James, who is now fourteen years of age, told the trial judge that he preferred to live with his grandparents. The trial judge, although he interviewed Joseph, ...


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