205 Pa. Super. 101 | Pa. Super. Ct. | 1965
Opinion by
The question presented by this appeal is whether the putative father of an illegitimate child in the mother’s custody may be awarded the privilege of visiting the child. The father instituted a habeas corpus pro
The record discloses that the child was born on March 24, 1963, and bears the name Joseph Stanley. The child’s mother, Mildred Stanley, is a single woman of mature years and has one other child, an illegitimate daughter aged four years. The mother is concededly a fit person to have custody. She objects to visits by the putative father because they create “an intolerable condition”. Walter Golembewski, the child’s father, is a single man aged 42 years. He resides with and supports his unmarried sister and their elderly mother, a mental incompetent. He informed the child’s mother that he could not marry her “because of his mother”. He refused to permit use of his name on the child’s baptismal certificate. Following the institution of a fornication and bastardy proceeding, he insisted upon blood tests. He then acknowledged paternity, entered a plea of guilty, and was ordered to pay support for the child in the amount of $12.00 per week. He asserts that this gives him the “right” to visit the child.
The learned hearing judge took the position that visitation privileges are a form of limited custody, and based his decision on the proposition that the putative father of an illegitimate child is generally entitled to its custody as opposed to all but the mother. If our decision involved merely an appraisal of the exercise of discretion by the court below, we would hesitate to interfere. It is our view, however, as a matter of legal policy, that it is detrimental to the welfare of an illegitimate child in the mother’s custody to award visitation privileges to the putative father.
An illegitimate child is considered in law to be the child of its mother and not of its father: Act of April 24, 1947, P. L. 80, Section 7, 20 P.S. 1.7. The consent of a putative father who had acknowledged the child was at one time required in an adoption proceeding: Act of April 4, 1925, P. L. 127. However, that statute was amended by the Act of June 30, 1947, P. L. 1180, 1 P.S. 2, to read as follows: “In the case of an illegitimate child, the consent of the mother only shall be necessary”. While our cases are to the effect that the putative father is entitled to custody of his illegitimate child as against all but the child’s moth
If this controversy involved a legitimate child, the court below would of course be authorized to grant visitation privileges to the father. Cf. Commonwealth ex rel. McKee v. Reitz, 193 Pa. Superior Ct. 125, 163 A. 2d 908. An illegitimate child is in a different situation. He does not bear his father’s name. Legally he is cut off from his father. Visitation by the father can only serve to remind the child of his unfortunate status. Our primary concern is not with any so-called “right” of the father. The focus of our attention must be on the welfare of the child. An illegitimate child has a problem of adjustment under the best of circumstances. We are firmly of the opinion that the child’s illegitimacy should not be constantly emphasized by permitting the father to have visitation privileges.
Order reversed.
Baker v. Baker, 81 N. J. Eq. 135; Bagwell v. Powell, 99 So. 2d 195; Strong v. Owens, 205 P. 2d 48; Ex parte Hendrix, 100 P. 2d 444.
Moritz v. Garnhart, 7 Watts 203; Pote’s Appeal, 106 Pa. 574; Commonwealth ex rel. Human v. Hyman, 164 Pa. Superior Ct. 64, 63 A. 2d 447.