182 A. 744 | Pa. Super. Ct. | 1935
Argued December 12, 1935. This is a contest over the custody of a minor child. It originated by a petition being presented by the mother, Tessie Beaver, to the orphans' court.
Ruth Elizabeth Beaver, the minor, was born August 6, 1930. Her father died March 11, 1934, leaving to survive him, in addition to his wife and Ruth, another little girl one year younger. The petitioner and her *161 husband were not living together at the time of his death. Ruth was at the home of Philip Beaver and Elizabeth Beaver, his wife, her paternal grandparents, where she was taken in 1932 by her father without the mother's consent; the other child was with her mother. After the father's death, the mother made demands for the custody of Ruth, which were refused. The grandfather had been appointed guardian of the person and estate of this child, but the orphans' court, on July 23, 1934, revoked his appointment, and, on the same day, the Schuylkill Trust Company of Pottsville was made guardian, in his stead, of the person and estate of the minor, and it was decreed that she remain with Philip Beaver until further order of the court.
A considerable amount of testimony was taken respecting the fitness of the mother to care for her child. It was shown by disinterested neighbors, who had observed the mother's conduct, that she was a good housekeeper, made the children's clothes, exercised proper control over them, gave them religious training, and, in general, manifested a maternal interest in their welfare. Although the paternal grandparents, in the basement of whose house the mother lived for a time, and members of their family testified that she did not keep Ruth clean, or properly feed her, they made no derogatory reflection on her moral character.
The trial judge recognized and definitely held that the proper criterion in a case of this nature is the best interest and permanent well-being of the child: Com. ex rel. Bloomfield v. Faxstein,
Although the jurisdiction of the orphans' court was not specifically raised in the court below, the appellant questions it in this appeal. We are aware that the orphans' court has no common-law or general jurisdiction; its jurisdiction is purely statutory (Farrer v. Denning,
When Philip Beaver secured from the orphans' court his appointment as guardian of the person and estate of this child, he submitted himself to its jurisdiction and he is bound by its order in the premises.
We find no reason to interfere with the order of the learned court below, who had the advantage of seeing and hearing the parties and their witnesses, and concluded that the best interests and permanent welfare of the child would be attained by placing her in the care of her mother.
Decree of the lower court is affirmed, at appellant's costs.