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COMMONWEALTH EX REL. KUDACK v. SABO (06/13/62)

June 13, 1962

COMMONWEALTH EX REL. KUDACK
v.
SABO, APPELLANT.



Appeal, No. 69, April T., 1962, from order of Court of Common Pleas of Washington County, Nov. T., 1960, No. 209, in case of Commonwealth ex rel. Pete John Kudack v. Janet Louise Sabo (formerly Janet Louise Kudack). Order affirmed.

COUNSEL

Barron P. McCune, with him Stephen I. Richman, and McCune and Greenlee, for appellant.

Sanford S. Finder, for appellee.

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

Author: Flood

[ 198 Pa. Super. Page 162]

OPINION BY FLOOD, J.

This is an appeal from an order of the court below awarding the custody of a six year old girl to her father.

The parents were divorced in April 1959.Thereafter the child lived with her mother. The father contributed $10 per week to his wife for the support of the child and was given visitation rights on Wednesdays and sometimes on Saturdays and Sundays.

On December 13, 1960, the father commenced the present proceedings by causing a writ of habeas corpus

[ 198 Pa. Super. Page 163]

    to be issued to obtain his daughter's custody. On January 4, 1961, the mother married Joseph Sabo with whom she now resides.

The court below concluded that the custody should be transferred to the father. In the course of his opinion, the hearing judge indicated that the following considerations moved him to make the order: (1) The mother is not qualified to care for the child and cannot provide a proper home for her at this time. (2) The father is qualified to care for the child and has provided a suitable home for her. (3) The court was impressed with the testimony of the father and his witnesses and found that the mother and her witnesses lacked credibility. (4) The mother had been involved in certain adulterous relationships. (5) She had carried on a long and continuous course of conduct of frequenting clubs and bars where alcoholic liquors were sold and consumed. (6) She often took the child with her and at other times left her alone at home or on the streets. (7) She lives in a trailer camp with her present husband, a man who is sixty-nine years of age, while she is only twenty-eight years of age. (8) The trailer camp is in a rural area where the child would enjoy little companionship with children of her own age. (9) The mother has been engaged in a continuous course of questionable conduct for a long time and has placed the child in an environment that would not be good for her. (10) The court is not satisfied that the mother will change her ways, but if she does, she may reopen the case at any time. (11) Since her ...


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