Opinion
June 10, 1963.
September 12, 1963.
Parent and Child — Custody of children — Child of tender years — Evidence — Interest of wife in other man — Lack of demonstrative affection for child — Religious considerations — Order awarding custody to father, with liberal visitation privileges to mother.
In a proceeding on the petition of a mother for custody of her three and one-half year old daughter, who was, at the time of the hearing, in the custody of the father with the mother's consent, in which it appeared that shortly before the parties separated the wife admitted not being in love with her husband and being in love with a married man, who had a child; that she admitted having been out with the other man three or four times, and acknowledged that she was still interested in him; that the wife separated herself from her husband and voluntarily signed a separation agreement giving custody of the child to her husband, making provision therein for rights of visitation on her part, which she did not fully exercise; that there was some lack of demonstrative affection for the child on the part of the mother; that the child was cared for in the home of the husband's parents, and the mother conceded that this home was perfectly proper and that the child received tender and loving care from her father; that during the time the parties had resided together a baby sitter had taken care of the child during the day, since both had been employed, and the same arrangement would be necessary if the wife had custody of the child; that the father attended church regularly and took the child to Sunday school, but the wife did not attend church; and that the court below entered an order awarding custody of the child to her father, with liberal visitation privileges to the mother; it was Held that the record supported the facts as stated in the opinion of the lower court, the law had been properly applied to these facts, and the order of the court below should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 96, Oct. T., 1963, from order of Court of Common Pleas of Lebanon County, March T., 1962, No. 152, in case of Commonwealth ex rel. Sandra Lee Bordlemay et al. v. Frederick L. Bordlemay. Order affirmed.
Same case in court below: 31 Pa. D. C. 2d 46.
Habeas corpus for custody of minor child. Before GATES, P.J.
Order entered awarding custody of minor child to father. Petitioner appealed.
Thomas A. Ehrgood, with him Ehrgood Ehrgood, for appellant.
L.E. Meyer, with him C.W. Whitmoyer, Jr., and Meyer, Brubaker Whitman, for appellee.
Argued June 10, 1963.
After reviewing this record we must conclude that it supports the facts as stated in the opinion of the lower court. Further, since the law has been properly applied to those facts, the order awarding custody of Wendy Lee Bordlemay to her father, Frederick L. Bordlemay, with liberal visitation privileges to the mother, Sandra Lee Bordlemay, is affirmed on the excellent opinion of Hon. G. THOMAS GATES, President Judge, reported at 31 Pa. D. . C. 2d 46.