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BURRELL v. BURRELL (11/14/68)

decided: November 14, 1968.

BURRELL, APPELLANT,
v.
BURRELL



Appeal from order of Court of Common Pleas of Montgomery County, No. 68-2071, in case of Douglas Burrell v. Beatrice Burrell.

COUNSEL

Ronald Robinson, with him Pearlstine, Salkin, Hardiman, Robinson & Hunt, for appellant.

Horace A. Davenport, for appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Hannum, JJ. Dissenting Opinion by Spaulding, J. Hoffman, J., joins in this dissent.

Author: Per Curiam

[ 213 Pa. Super. Page 249]

Order affirmed.

Disposition

Order affirmed.

[ 213 Pa. Super. Page 250]

Dissenting Opinion by Spaulding, J.:

I dissent. This is an appeal by Douglas Burrell, appellant, from an order of the Court of Common Pleas of Montgomery County dismissing his petition for visitation rights with a minor child, Shawn Burrell. The court dismissed appellant's petition on the grounds that appellant was not the actual father of the child and, in the alternative, that even if he were the father, visitation would have a harmful effect upon the child.

Appellant and Beatrice Burrell, appellee, were married August 23, 1957, and three children in addition to Shawn were born of the marriage. The parties separated September 28, 1964, and were divorced May 3, 1966.

Shawn Burrell was born January 26, 1965, four months after the parties separated. Appellee, who has custody of the four children, has never denied appellant the right to visit the three oldest children but has refused to permit appellant to visit ...


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