Commonwealth Ex Rel. Kevitch v. McCue

Opinion by

Hirt, J.,

Twin children of relator and respondent, now about two and one-half years old, are the subjects of this habeas corpus proceeding. Notwithstanding they are natural children, the lower court awarded their custody to their father. We granted supersedeas and the children have been with their mother pending disposition of this appeal. The order will be reversed.

When relator was discharged from the armed forces in October 1945 he resumed an intimate relationship with the respondent. After the birth of the children he set them up with their mother in a house, which he had bought…