Commonwealth ex rel. Bosco v. Olson

Opinion by

Hirt, 3.,

On the eve of her marriage to her present husband, Paul Bosco, relatrix on November 15, 1951, surrendered the custody of her infant son to the defendants. When about ten months later they on demand refused to return the child to her, she brought this habeas corpus proceeding to regain its custody. The lower court, after full hearing, dismissed relatrix’s petition for the writ. Ordinarily a mother is entitled to the custody of a child of tender years. The right however is not absolute but must yield to the best interests and permanent welfare of the child. Oelberman Adoption…