McGowan v. McGowan

HOFFMAN, Judge:

Appellant contends that the lower court erred in granting custody of appellant’s minor child to appellee, the natural mother, first, because the mother has a history of mental instability, and, second, because the court impermissibly relied on the “tender years” doctrine in making the award. We agree with appellant’s second contention, and therefore, reverse the order of the lower court and remand for further proceedings.

On November 6, 1975, appellant, father of five year old Donald McGowan, Jr., commenced the instant action by filing a complaint in the Family Division of the…