Reed v. High

385 A.2d 1384, 254 Pa. Super. 367, 1978 Pa. Super. LEXIS 2640

• Court: Superior Court of Pennsylvania
• Decided: April 28, 1978
• Docket: 941
• Status: Published

Opinions

PER CURIAM:

In this custody case a Mississippi court on January 26, 1976, following a hearing at which the mother-appellant did not appear because, she says, her attorney told her to take the child and leave the state, permanent custody was awarded to the father. Later on May 6, 1976, a Rhode Island Court after hearing dismissed the mother’s petition for custody, awarded custody to the father and ordered the child delivered to him forthwith.

The father-appellee then filed this writ of habeas corpus in Mercer County Pennsylvania seeking custody. Both parties appeared at the hearing on this petition and the lower court afforded appellant ample opportunity to offer testimony to show any change in circumstances that had occurred since the Mississippi hearing. She offered none, and the court again decreed that the father should have custody.

The only argument now advanced by the appellant is that the lower court based its decree on the Full Faith and Credit precept without the benefit of a hearing on the merits.

This argument is not supported by the record. The lower court exercised its independent judgment based on facts disclosed at the hearing in arriving at its determination to give full faith and credit to the Mississippi and Rhode Island custody orders. Irizarry Appeal, 195 Pa.Super. 104, 169 A.2d 307 (1961) and Friedman v. Friedman, 224 Pa.Super. 530, 307 A.2d 292 (1973).

The order is affirmed.

SPAETH, J., files a concurring opinion in which CER-CONE, J., joins. HOFFMAN, J., files a dissenting opinion. WATKINS, former President Judge, did not participate in the consideration or decision of this case.