Joseph E. H. v. Jane E. H.

HOFFMAN, Judge:

Appellant contends that the lower court lacked jurisdiction to entertain appellee’s petition for redetermination of custody of their minor son. Although we disagree, we nevertheless vacate the order of the lower court and remand for further proceedings consistent with this opinion.

On November 11, 1977, appellee-father instituted habeas corpus proceedings in the Westmoreland County Court of Common Pleas seeking custody of the parties’ minor son. *111At that time the parties, then husband and wife,1 were living separately in Westmoreland County, and appellant-mother maintained…