Commonwealth Ex Rel. Fell v. Brown

Opinion by

Baldrige, J.,

A petition was presented to the court below by the relator for a writ of habeas corpus to obtain possession of his two minor children, Grace Marie Pell and Howell Brown Pell, aged respectively, one and two years. The court after a full hearing granted the prayer of the petitioner and this appeal was taken.

The determination of the custody of children is, in most instances, a perplexing problem, especially, when, as here, the mother is dead and the children are of tender years. The general rule is that the father is entitled to the custody of his infant children as the…