Commonwealth Ex Rel. Burke v. Birch

Opinion by

Rhodes, P. J.,

Richard L. Burke, by this habeas corpus proceeding, seeks to secure from respondents the custody of his five and one-half year old son. Respondents are the maternal grandparents with whom the mother, relator’s wife, was living at the time of her death. The court below, while acknowledging respondents’ fitness and devotion to the child, awarded custody to the relator. Respondents have appealed to this Court.

The court below, in its opinion, has made the following pertinent comparison of the parties: “While still married to Michael’s mother, he [relator] had an affair…