Commonwealth ex rel. Kudack v. Sabo

Opinion by

Flood, J.,

This is an appeal from an order of the court below awarding the custody of a six year old girl to her father.

The parents were divorced in April 1959. Thereafter the child lived with her mother. The father contributed $10 per week to his wife for the support of the child and was given visitation rights on Wednesdays and sometimes on Saturdays and Sundays.

On December 13, 1960, the father commenced the present proceedings by causing a writ of habeas corpus *163to be issued to obtain his daughter’s custody. On January 4, 1961, the mother married Joseph Sabo with whom she now…