Commonwealth Ex Rel. Oliver v. Oliver

Opinion by

Fine, J.,

This habeas corpus proceeding was instituted by the mother who seeks custody of two sons, ages seven and one-half and five years, now living with their father. The court below dismissed the mother’s petition and she has taken this appeal.

A case of this nature requires that we consider the testimony and make such order upon the merits of the case “as to right and justice shall belong”: Act of July 11, 1917, P. L. 817, 12 PS §1874; Commonwealth ex rel. Kreiling v. Kreiling, 156 Pa. Superior Ct. 526, 531, 40 A. 2d 704. Regard must be had to the fitness of each parent as well…