Commonwealth Ex Rel. McMenamin v. McMenamin

Opinion by

Gunther, J.,

This is a habeas corpus proceeding brought by the mother against the father to determine the custody of their daughter, three years of age.

In this type of case we are required to 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, §1, 12 PS §1874. Where, as here, the dispute is between the mother and father regard must also be had “to the fitness of such parent and the best interest and permanent welfare of said child” in determining which of them should have custody of the child.…