217 Pa. Super. 94 | Pa. Super. Ct. | 1970
Opinion
Appellant sought visitation rights with a child who was living with its mother, appellant’s former wife, and
Our review of the record reveals that appellant was denied visitation rights because of his refusal to submit to the blood test. The lower court’s opinion, while stating that it relied on evidence other than the refusal, mentions only this factor.
A father may not be deprived of visitation rights with his child unless such visits will be detrimental to the best interest of the child. Commonwealth ex rel. Lotz v. Lotz, 188 Pa. Superior Ct. 241, 146 A. 2d 362 (1958), aff’d 396 Pa. 287, 152 A. 2d 663 (1959). There is nothing in the lower court’s opinion which indicates that appellant’s visits are so deterimental. In the absence of such a finding or a finding that appellant was not the father, the lower court erred in denying visitation rights to appellant.
The order of the lower court is reversed and the record is remanded to determine whether suitable visitation rights should be accorded appellant.