Parent and child — Custody — Best interests and welfare of child — Rights of natural parents and foster parents — Review by Superior Court — Act of July 11, 1917, P.L. 817.
1. In determining the custody of a child, the predominant inquiry is, what is required to serve the best interests and welfare of the child.
2. In a proceeding by the natural parent of a child to secure custody from its foster parents, the claim of the natural parent is entitled to great consideration, but the custody of the foster parents will be affirmed where there is sufficient evidence that such arrangement is best for the interest and welfare of the child.
3. Under the Act of July 11, 1917, P.L. 817, on appeal from an order entered in a habeas corpus proceeding involving the custody of a child, it is the duty of the Superior Court to examine the evidence in the record.
Argued April 8, 1935.
PER CURIAM, July 18, 1935:
This is an appeal by the relator from the order of the Court of Common Pleas of Armstrong County, dismissing his petition for writ of habeas corpus for the custody of his daughter, Pearl Gertrude Trott, and remanding her to the custody of the respondents.
We have examined the evidence in the record, pursuant to the duty imposed on us by the Act of July 11, 1917, P.L. 817, and our judgment on the merits of the case agrees with that of the court below. See Petition of Sulewski, 113 Pa. Super. 301, 173 A. 747, with special reference to the cases mentioned on page 310; In re Minor Children of Rosenthal, 103 Pa. Super. 27, 33, 157 A. 342.
The order is affirmed on the opinion of the learned President Judge of the court of common pleas.