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CAROL R. CONWAY v. WILLIAM T. CONWAY (07/15/83)

filed: July 15, 1983.

CAROL R. CONWAY, APPELLANT,
v.
WILLIAM T. CONWAY



No. 988 Pittsburgh, 1981, Appeal from the Order of the Court of Common Pleas of Allegheny County, Family Division, at No. M917, 1979

COUNSEL

Eileen D. Yacknin, Pittsburgh, for appellant.

William T. Conway, in propria persona.

Cavanaugh, Brosky and Montgomery, JJ.

Author: Brosky

[ 316 Pa. Super. Page 361]

This appeal follows an order awarding custody of three children, Dirtina, Sean and Brian Conway to William T.

[ 316 Pa. Super. Page 362]

Conway, the appellee. Appellant is the mother of the children.

The orders from which this appeal was taken were issued by the Court of Common Pleas of Allegheny County in 1981. Custody proceedings had been initiated in Somerset County in 1978 and the Common Pleas Court of that County awarded custody of the children to Mr. Conway. The case was transferred to Allegheny County in 1979 and Mrs. Conway filed complaints seeking custody of the children in that court in March, 1980.*fn1 The Allegheny County Court treated the complaints as petitions to modify the Somerset County custody award, and denied them. The lower court rejected the claim, repeated in appellant's brief before us, that circumstances had changed substantially since the Somerset County award of custody to Mr. Conway. Mrs. Conway argued that because she had obtained employment and a suitable residence in the period following entry of that order, that custody should be transferred to her.

As to Dirtina, Mrs. Conway argued unsuccessfully that Mr. Conway is not her natural parent, but only a stepparent who should not be treated as a natural parent in a custody dispute.

In the original brief she filed with this court, Mrs. Conway advances both the changed circumstances and paternity arguments. We will not, however, reach the merits of these issues because we believe that this case should be remanded for further evidentiary hearings.

After submitting her brief, Mrs. Conway submitted to this court in March, 1983 an additional brief in which she requests that we consider evidence of changed circumstances since entry of the 1981 orders. Specifically, Mrs. Conway points to what appears to be evidence that Mr. Conway, contrary to a lower court ...


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