Com. ex rel. Robinson v. Ziegler et al

Full title: Commonwealth ex rel. Robinson v. Ziegler et al., Appellants

Court: Superior Court of Pennsylvania

Date published: Jan 15, 1965

206 A.2d 324 (Pa. Super. Ct. 1965)

206 A.2d 324

Opinion

December 15, 1964.

January 15, 1965.

Parent and Child — Custody of children — Putative and acknowledged father — Natural mother — Relinquishment of custody by natural mother to children's institution — Evidence.

In a child custody proceeding, in which it appeared that the relator, of the Negro race, was the putative and acknowledged father of the child, and one of the defendants, of the Caucasian race, a minor female, was the natural mother; that after the instant proceeding was instituted the defendant mother relinquished custody of the child to defendant children's society for adoption; that relator, a student at college, lived with his parents, who were willing to have relator bring the child to live with them and properly rear the child financially and otherwise; and that the court below, holding that the putative father of a bastard, if a suitable person, was entitled to its custody as against every person but the mother, and that the mother having relinquished her custody, the only question before the court was whether relator was a suitable person as against the defendant institution, which had custody of the child, and finding that relator was a suitable person and that his parents were fit persons and would provide a proper home for the child while the father attended college, awarded custody of the child to relator; it was Held that the order of the court below should be affirmed.

Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).

Appeals, Nos. 491 and 492, Oct. T., 1964, from order of Court of Common Pleas of Lancaster County, Habeas Corpus Docket No. 5, page 26, in case of Commonwealth ex rel. Theodore M. Robinson, Jr. et al. v. Kay Ziegler et al. Order affirmed.

Same case in court below: 35 Pa. D. C. 2d 55.

Child custody proceeding. Before WISSLER, P.J.

Order entered awarding custody of child to relators. Defendants appealed.

Anthony R. Appel, with him Appel, Ranck, Herr Appel, for appellant.

W. Lloyd Snyder, Jr., for appellant.

Carl G. Herr, for appellee.

Argued December 15, 1964.

OPINION PER CURIAM, January 15, 1965:

The order of the Court of Common Pleas of Lancaster County is affirmed on the opinion of President Judge JOSEPH B. WISSLER for the court below, reported at 35 Pa. D. C. 2d 55.