Appeal from order of Court of Common Pleas, Family Court Division, of Philadelphia, Dec. T., 1970, H. C. No. 15,342, in case of Commonwealth ex rel. Edna Rainford v. Salvatore Cirillo.
C. George Milner, with him Hamilton, Darmopray, Malloy & Milner, for appellant.
Edward J. Morris, with him Morris & Victor, for appellee.
Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Packel, JJ. Opinion by Hoffman, J.
[ 222 Pa. Super. Page 592]
This is an appeal from the Order of the Family Division of the Court of Common Pleas of Philadelphia County denying appellant's writ of habeas corpus seeking custody of two children presently living with appellees,
[ 222 Pa. Super. Page 593]
Salvatore Cirillo, their natural father, and Julia Cirillo, the paternal grandmother.
The two children, Salvatore, age six, and Melody, age five, were born as a result of a meretricious relationship which began in 1965 between appellant, Edna Rainford and appellee, Salvatore Cirillo, both of whom were married at the time. By her previous marriage, appellant had three children whom she gave up for adoption. The relationship between the parties ended in January of 1970, when appellant left the natural father and the two children and moved to New York.
In September of 1970 appellant, a white woman, married Osborne C. Rainford, a black man. They presently reside in a three-bedroom home in the Bronx, New York. Mr. Rainford, a divorcee, is a building contractor and earns approximately fourteen thousand dollars a year.
Since the departure of the appellant, the children have been in the custody of their natural father, residing in South Philadelphia at the six-room home of the paternal grandparents, Julia Cirillo, age fifty-one and her husband, Salvatore. The father is manager of a tire department at a local automobile dealership and earns approximately $8600.00 per year. The grandmother cooks and cares for the children while the father works during the day. The father's work schedule is such that he can spend considerable time with his children. Both appellees expressed deep affection for the children and a strong desire that custody be awarded to them for the welfare of the children. Mrs. Cirillo stated that her family is a very close one and that the children have become more open since living in her home.
Appellant stated that she left Philadelphia in January of 1970 solely for the purpose of obtaining immediate medical care in New York, care which she stated she was ...