Commonwealth ex rel. Shamenek v. Allen

Opinion by

Ervin, J.,

This is a habeas corpus proceeding in which the father (relator) seeks the custody of his 12-year old daughter, Joanne Shamenek, from Charles Allen and his wife, Evelyn Allen, Joanne’s maternal aunt (respondents). The lower court awarded custody to the respondents with visitation rights to the relator.

The relator, who is now approximately 46 years of age, and Anna May Monismith were married in Harrisburg, Pennsylvania, on December 6, 1941. Shortly thereafter they went to Bethlehem, Pennsylvania, to *171live, where the relator was then and still is employed by the Bethlehem…