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COMMONWEALTH EX REL. HORAN v. HORAN. (09/16/60)

September 16, 1960

COMMONWEALTH EX REL. HORAN, APPELLANT,
v.
HORAN.



Appeal, No. 50, Oct. T., 1960, from decree of Court of Common Pleas of Montgomery County, Apr. T., 1959, No. 209, in case of Commonwealth ex rel. John Joseph Horan v. Gloria Mary Horan. Decree affirmed.

COUNSEL

Harry R. Back, for appellant.

Conrad G. Moffett, for appellee.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ.

Author: Woodside

[ 193 Pa. Super. Page 193]

OPINION BY WOODSIDE, J.

This appeal involves two children whose custody was given to the mother with rights in the father to have them during the months of July and August and

[ 193 Pa. Super. Page 194]

    during part of the Christmas holidays. The father, who brought the action in the Court of Common Pleas of Montgomery County, has appealed from the decree.

The parties have four children: John Joseph, Jr., age 14; Marguerite Ann, age 13; David, age 11 and Michael, age 8. The parents were married July 4, 1942, and lived together in Willow Grove. On March 6, 1959, Mrs. Horan left her husband, and without his knowledge, took the four children with her to a suburb of Detroit, Michigan, where she went to live with her brother.

April 21, 1959, shortly after she had brought an action for support, Mr. Horan appeared in Michigan, disguised with moustache and dark glasses. He found the two younger children, picked them up without their mother's knowledge, and brought them back to Willow Grove. He then brought this action to confirm the custody, which he had obtained of David and Michael. The custody of the other two children is not involved here. Whether one having custody can bring a writ of habeas corpus to "confirm" custody has not been raised or considered in this case. It would be best for all concerned for us to dispose of the case on its merits regardless of whether or not the action was properly instituted.

The paramount consideration here, as in all custody cases, is the welfare of the children. All other considerations are subordinate to the children's physical, intellectual, moral, spiritual and emotional well being. Commonwealth ex rel. McNamee v. Jackson, 183 Pa. Superior Ct. 522, 525, 526, 132 A.2d 396 (1957).

Both parents are college graduates. Mr. Horan is an engineer employed at the Naval Air Development Center at Johnsville at a substantial salary. He and his wife started a gift shop in 1952, specializing in ...


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