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IRIZARRY APPEAL. (04/13/61)

April 13, 1961

IRIZARRY APPEAL.


Appeal, No. 364, Oct. T., 1960, from order of Court of Common Pleas of Delaware County, June T., 1960, No. 1471, in re custody of Luis Oscar Irizarry et al. Order affirmed.

COUNSEL

Charles E. Rankin, with him Rankin & Rankin, for appellant.

Mauro L. Ciccarelli, for appellee.

Before Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ. (rhodes, P.j., absent).

Author: Watkins

[ 195 Pa. Super. Page 105]

OPINION BY WATKINS, J.

The question involved in this appeal arose out of a petition by the mother-appellee seeking custody of her two sons. Preliminary objections were filed by counsel for the father, who entered a special appearance for the purpose of challenging the jurisdiction of the court on the theory that full faith and credit must be given to the decree of custody already in existence in Puerto Rico. The Court of Common Pleas of Delaware County determined it had jurisdiction and dismissed

[ 195 Pa. Super. Page 106]

    the preliminary objections. This appeal followed.

The appellee then filed a motion to quash the appeal on the ground that it was interlocutory. The question of jurisdiction of the subject matter of this appeal is properly before us and the petition to quash is dismissed.

The contention of the appellant is that the court below does not have jurisdiction of this custody matter because it is bound to give full faith and credit to the custody decree of Puerto Rico and further, that the court does not have jurisdiction of the children because they are not residents of Pennsylvania but are here only for a temporary visit.

The facts that are pertinent to the jurisdictional discussion are as follows: Dr. Luis Oscar Irizarry, the appellant father, and Isabel Irizarry Armour, the appellee-mother, were lifelong residents of Puerto Rico until their divorce on August 7, 1957. In the same action, the Superior Court of Puerto Rico awarded custody of the two boys, Luis and Carlos, aged at the time of this hearing, ten and nine respectively, to the father. The mother remarried in November 1958 and now lives with her present husband, George P. Armour, Esq., in Wayne, Delaware County, Pennsylvania. Dr. Irizarry remarried in the fall of 1959, continued to live in Puerto Rico, and the children continued to live with him until they left for their present visit to Pennsylvania.

The children had made two visits to their mother's home prior to this visit. The appellant sent the children, accompanied by two of his sisters, for a visit with the appellee in her home in Delaware County, Pennsylvania, for a period to begin July 13, 1960 and end August 3, 1960. On July 26, 1960, the ...


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