Commonwealth Ex Rel. Lee v. Lee

SPAETH, Judge:

This is an appeal by a father from an order awarding permanent custody of a now nine year old girl, Kelly Ann, to her mother. The order must be set aside and the record remanded for a new hearing. The hearing judge incorrectly applied the “tender years presumption,” and he interviewed Kelly Ann in chambers, without counsel, and without having the interview transcribed. Because of these errors it is not possible to determine whether Kelly Ann’s best interest has been served.

I

-A-

It is well-settled that the paramount concern in a custody dispute between parents is the best interest…