Commonwealth ex rel. Wert v. Long

Opinion by

Montgomery, J.,

This is an appeal from an order granting custody of two minor children, Robin Wert and John Wert, to their mother, Donna Long, the appellee. The action was commenced by a petition for a writ of habeas corpus in the Common Pleas Court of Warren County which directed the appellee to produce the two minor children and to show cause why the said children should not be delivered into the custody of their father, the appellant.

Prior to the hearing as to custody, there was a legal argument as to which party had the burden of proof. The lower court ruled that custody had been…