Commonwealth Ex Rel. Gates v. Gates

Opinion by

Hirt, J.,

In this habeas corpus proceeding the lower court awarded to the relatrix the custody of her four-year-old son subject to the right of the respondent, the father, to take the child for limited periods at proper times. He contends that his wife is not a proper person because of her conduct, and that the interests of the child will be best subserved by an award of its custody exclusively to him. The order will be affirmed.

These young people were married in 1940. They lived in an apartment in Titusville over a garage owned by respondent’s father prior to March 1944 when…