Commonwealth Ex Rel. Warner v. Warner

Argued December 14, 1944. After a careful reading of the evidence in this case, and having due regard for the best interests of the two small children concerned — a girl eight years old and a boy five years old — we are in general accord with the action of the court below in leaving the children, for the present, in the custody of their father, pending the determination of the divorce action in the Court of Common Pleas No. 6 of Philadelphia County.

For this reason, conformably with the court below, we do not now pass upon the question whether either or both of the parties committed adultery.…