Commonwealth ex rel. Horton v. Burke

Opinion by

Ervin, J.,

This is a habeas corpus proceeding in which the father seeks the custody of his 11-year old daughter, Karen Marie Horton, from her mother, Hattie Marie Horton Burke, now married to William Burke. The court below awarded custody to the mother and her present husband but further ordered that Karen be returned to her father “during the summer months between the school terms, and that the father, Sterling B. Horton, be allowed to see Karen at the Burke home at other reasonable times and reasonable hours.”

The father and the mother were married on September 2, 1933. They lived…