Tobias v. Tobias

SPAETH, Judge:

This is an appeal by a mother from an order awarding custody of a now ten year old boy, Claire, Jr., to his father.

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The mother first contends that the “tender years presumption” should control the disposition of this case. This contention ignores the well-settled principle that the paramount concern in a custody dispute between parents is the best interest of the child. Commonwealth ex rel. Parikh v. Parikh, 449 Pa. 105, 107-8, 296 A.2d 625, 627 (1972); Cochran Appeal, 394 Pa. 162, 145 A.2d 857 (1958); Commonwealth ex rel. Graham v. Graham, 367 Pa. 553, 80 A.2d 829 (1951);…