Appeal from order of Court of Common Pleas of Columbia County, Oct. T., 1970, No. 263, in case of Commonwealth ex rel. Bonita G. Lucas v. Zane B. Kreischer.
Gailey C. Keller, with him Smith, Eves and Keller, for appellant.
Robert E. Bull, for appellee.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Hoffman, J. Spaulding and Cercone, JJ., join in this dissenting opinion.
[ 221 Pa. Super. Page 196]
Dissenting Opinion by Hoffman, J.:
This is an appeal by the mother of three minor children from the order of the lower court awarding custody of the children to their father.
Three children were born of the marriage of the parties; Kelly, age 9; Rickey, age 8; and Tammy, age 6. In January, 1969, the parties separated and the children
[ 221 Pa. Super. Page 197]
remained with their mother for approximately three and one-half weeks. The mother, at that time, because she was unable to find a place to live, placed the children with their maternal grandmother in Columbia County, Pennsylvania.
In March, 1969, the parties agreed that the children should live temporarily with the paternal grandparents in Columbia County until either of the parties decided to bring the matter into court. In May, 1969, the father quit his job in Chester County and returned to Columbia County where he purchased a house trailer. The children then moved into his house trailer with him.
The mother was denied the right to see her children until September, 1969, when she received a phone call from the father advising her that he could not afford to take care of the children and that she should come and get them. At this time the mother was residing at her present address in Willow Grove, Montgomery County, Pennsylvania, with a black man whom she subsequently married in June, 1970, following the parties' divorce in January, 1970. The parties to this action are both white.
The children remained with the mother and her second husband until June, 1970. The father, although he remarried in January, 1970, made only two attempts to see the children until June, 1970, when he requested that he be permitted to have the children visit him for a week. The mother agreed to this request with the understanding that the father would return the children at the end of the period.
On June 13, 1970, the father took the children to his home in Columbia County, and he refused all requests by the mother to return them to her. From June, 1970, until the lower court's first order of January 25, 1971, the mother was permitted to see her ...