Commonwealth Ex Rel. Hespelein v. Hespelein

Opinion by

Baldrige, P. J.,

This is a habeas corpus proceeding involving the custody of a boy who is now nearly six years of age. The father is the real relator 1 and the mother is the respondent.

The parties who reside in the city of Erie, Pennsylvania, separated during the latter part of March 1942, at which time the boy was three years of age. He remained with his mother who continued to live at the marital residence. On June 4,1942, the father initiated this proceeding, and after a full hearing the Court, on June 11,1942, awarded custody of the boy to the mother. The father, however, was…