Commonwealth Ex Rel. Derr v. Derr

Opinion by

Kenworthey, J.,

In this habeas corpus proceeding, the relator, the father, was awarded the custody of two minor sons who, at the time of the hearing in January 1941, were respectively four and a half and three years of age. Respondents, the mother and maternal grandmother, have appealed.

The facts are virtually undisputed. The parents were married August 7, 1935, and lived in Scranton until about 1937, when they moved to Indiana, Pennsylvania, where relator took a position as greenkeeper at the Indiana Country Club. He received a salary of $150 per month; the family lived in a…