Commonwealth Ex Rel. Lees v. Lees

Opinion by

Wright, J.,

We are here concerned with a controversy involving the custody of Joseph J. Lees, presently aged eleven years, the son of James J. and Marie K. Lees. The child’s mother is dead and the contesting parties are the child’s father and a maternal uncle, Lawrence J. Kieffer. There were two petitions filed in the court below, one by the father for habeas corpus, and one by the uncle for custody. These actions were consolidated, and the hearing judge took testimony on both petitions at the same time. On September 26, 1960, an order was entered awarding custody of the child to the…