Parent and Child — Custody of children — Evidence — Comparative financial condition of parties — Mother who had left husband and children — Keeping children together — Wishes of children.
In a habeas corpus proceeding, involving the custody of five minor children as between the mother and her former husband, in which it appeared that the mother had left her husband and children, obtained a divorce, and remarried; that the financial stature of defendant, a working man, did not measure up to that of the mother's new husband, a company executive, whose income was very substantial, but the home in which defendant and the children resided was adequate for their needs; that through the cooperation and help of friends and relatives the children were well taken care of, had adjusted well to the changes that were brought about by their mother's leaving, and were happy and well-behaved; and that all of the children indicated that they wanted to stay together, that they wanted to live with their father, and that they were not particularly interested in their mother; it was Held that the order of the court below granting visitation privileges but refusing to award permanent custody to the mother should be affirmed.
Argued September 17, 1965.
OPINION PER CURIAM, October 15, 1965:
The order of the Court of Common Pleas of Montgomery County is affirmed on the opinion of Judge J. WILLIAM DITTER, JR., for the court below, reported at 37 Pa. D. C.2d 515.