Commonwealth Ex Rel. McDonald v. Smith

Opinion by

Ross, J.,

This is a habeas corpus proceeding involving the custody of a four-year-old child. The contest for custody is between the father and the maternal grandparents.

The father, Dale E. McDonald and Dorothy Smith, daughter of Charles G. and Florence Smith, the appellees, were married on March 17, 1944. One child, Penelope Ann, was born of this marriage on September 22, 1947. The mother died on November 7, 1947, and after her death McDonald went to live with her parents, taking the child with him. He lived with them until he married Jessie Wilson on December 16, 1949, at which time…