Commonwealth Ex Rel. Lovell v. Shaw

Opinion by

Montgomery, J.,

This appeal by the mother of a five year old girl, Carolyn Sue Lovell, is from an order dismissing her petition for a writ of habeas corpus and awarding custody of the child to its paternal grandfather George Shaw, and his wife (not the natural grandmother). It raises the frequent issue of whether the welfare of a child of tender years is better served by awarding custody to its natural mother or to someone else.

The paramount consideration is the child’s welfare; and all other considerations, including parents’ rights, are subordinate to a child’s physical,…