IN INTEREST OF PATRICIA S.


326 Pa.Super. 434 (1984)

474 A.2d 318

In the Interest of PATRICIA S. Appeal of Patricia RYAN, Foster Mother.

Supreme Court of Pennsylvania.

Filed April 6, 1984.


Attorney(s) appearing for the Case

Arnold H. Cantor, Pittsburgh, for appellant.

Mark P. Cancilla, Pittsburgh, for appellee.

James A. Esler, Assistant County Solicitor, for participating party.

Before SPAETH, BROSKY and MONTGOMERY, JJ.


BROSKY, Judge:

The threshold question before us in this appeal is whether, after notice of intent to adopt has been filed, the Orphans' Court Division of the Court of Common Pleas has exclusive jurisdiction to determine the custody of a minor child who is the subject of the adoption proceeding. We conclude that under the circumstances present in this case the Orphans' Court did not have exclusive power to determine the custody question. We further conclude that the...

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