No. 2717 Phila., 1980, Appeal from Order of the Court of Common Pleas of Delaware County, Civil Action - Law, at No. 80-14597.
Howard J. Gallagher, III, Media, for appellants.
John M. Kenney, Media, for appellee.
Wickersham, Montemuro and Watkins, JJ.
[ 288 Pa. Super. Page 168]
This case comes to us from the Court of Common Pleas of Delaware County and concerns the issue of whether said court has the jurisdiction to conduct a custody hearing of one Crystal Dawn Haynes, a minor, who was born on November 29, 1973.
Wilsie and Vernon Haynes, the petitioners and appellants in this matter, are the putative grandparents of Crystal Dawn Haynes. The child's parents were never married and the natural father is currently serving a prison sentence in Virginia, by transfer from Pennsylvania, for the crime of attempted murder. The child's mother currently resides with her mother in Upper Darby Township, Pennsylvania.
[ 288 Pa. Super. Page 169]
The child is a first grade student at the Drexel Hill Elementary School in Upper Darby Township.
The child was born subsequent to her father's incarceration. He was a member of the Pagan motorcycle club and was convicted of the aforesaid crimes in Pennsylvania but has been permitted to serve his time in a Virginia prison. At the time of the child's birth in 1973, her mother was 17 years of age; the father was 35. The child was born in Virginia. After the child finished her kindergarten year in school in Virginia her mother took her to Delaware County to reside with her and with the child's maternal grandmother. She had been planning this move for nine months.
On May 15, 1980, the appellants, residents of Virginia with whom the child and her mother had been residing, filed a petition seeking custody of the child with the Juvenile Domestic Relations District Court of Dinwiddie County, Virginia. On August 12, 1980, the Virginia Court entered a temporary custody order granting custody to the appellants. This order was entered after a hearing at which the child and her mother did not appear as they had left Virginia for Pennsylvania in June of 1980. On September 16, 1980 the Virginia Court entered a second order granting permanent custody of the child to the appellants. Neither the child nor her mother appeared at the hearing conducted prior to this second order.
On October 23, 1980 the Court of Common Pleas of Delaware County entered the Virginia Court Order as its order. On October 31, 1980, a hearing was held before the Court of Common Pleas of Delaware County. Petitioners-appellants had sought enforcement of the aforesaid court orders. On November 3, 1980 the court below issued an order denying enforcement. The court below then directed that the custody case be heard in Delaware County. The petitioners then appealed that decision to our Court.
On appeal the contention of the appellants is that the Pennsylvania Court does not have jurisdiction to determine the issue of custody of Crystal Dawn Haynes. They argue that the child ...