Commonwealth Ex Rel. Rubertucci v. Rubertucci

Opinion by

Reno, J.,

In this habeas corpus proceeding the court below awarded custody of a five-year-old daughter to the father. Our independent study of the testimony, commanded by the Act of July 11, 1917, P. L. 817, 12 PS §1874, has produced an affirmance of the order.

In addition to the mother’s serious violations of her marital obligations and the moral code, which the testimony establishes only too well, and which need not be recited here, other weighty factors indicate that the welfare of the child, which is the governing criterion, Com. ex rel. v. Pescatore, 158 Pa. Superior Ct. 349, 45…