Commonwealth v. Strickland

Citations

• 27 Pa. Super. 309
• 1905 Pa. Super. LEXIS 57

Syllabus

<p>Parents and children — Custody. of children — Husband and wife — Discretion of court — Act of June 26, 1895, P. L. 316 — Habeas corpus — Appeals.</p> <p>Both under the common law of Pennsylvania and the Act of June 26, 1895, P. L. 316, the courts may in the exercise of a sound discretion award the custody of a child to either the father or mother, consideration being given to the fitness of the parent and the best interest and permanent welfare of the child.</p> <p>In making an order awarding the custody of a child to one or other of the parents, a condition may be imposed permitting the child to visit or be visited by the other parent at stated times, and under restrictions suited to the circumstances of the particular case. The act of 1895 does not purport to deal with this subject, and does not narrow the discretionary power of the courts previously exercised in that regard.</p> <p>The court may also direct that security shall be entered by a mother, where the custody of the children is given to the father, to insure their return to the father at the expiration of the several periods during which they are permitted to visit and be with their mother.</p> <p>On an appeal from an order awarding the custody of children to a parent, the appellate court is confined to an examination of the record proper, of which the evidence forms no part.</p>