Courts — Orphans' court — Jurisdiction — Children — Adoption — Abandonment by father — Residence of child — Domicil of mother — Act of April 4, 1925, P. L. 127.
In an adoption case, in which it appeared that immediately after the marriage of the parents the husband left his wife at her home in Chester County, in this State, disregarded a support order and went to live in Florida; that the child was born within three weeks after the marriage and the father never contributed to its support, never saw it until the day of the adoption hearing, and never evidenced any interest in the child; that the mother, after she moved to a rented apartment in Chester County, made visits to the homes of her sisters in neighboring states, intending to return to her Chester County home, and was accidentally killed in Delaware; that the petitioners took the child to their home in Maryland and a few weeks later filed the petition for adoption in the Orphans' Court of Chester County; and it further appeared that the court below found that (1) the father had abandoned the child, (2) the mother's domicil at the time of her death was in Chester County, and (3) the residence of the child was that of its mother; it was Held that the court below had correctly decided that it had jurisdiction to enter an adoption decree under the Act of April 4, 1925, P. L. 127, as amended.
OPINION PER CURIAM, March 14, 1955:
The decree of the court below is affirmed on the opinion of Judge HARVEY, specially presiding.