dissenting:
1 agree with the majority that the appeal at 161 March Term, 1976 presents no error in relation to the support matters between these parties and that the support order entered below at No. 540 Support Division, 1973 should be affirmed.
I dissent, however, as to the appeal at 13 March Term, 1976 dealing with the custody of the two minor children 1 of the parties. In view of this court’s recent opinions discussing the doctrine of Tender Years, I think it is clear that the lower court erred in basing its decision in *154large part upon the “presumption” of that doctrine. Commonwealth ex rel. Pruss v. Pruss, 236 Pa.Super. 247, 344 A.2d 509 (1975); Commonwealth ex rel. Ulmer v. Ulmer, 231 Pa.Super. 144, 331 A.2d 665 (1974); Davidyan v. Davidyan, 230 Pa.Super. 599, 327 A.2d 145 (1974); Commonwealth ex rel. Williams v. Williams, 229 Pa.Super. 327, 324 A.2d 540 (1974); Commonwealth ex rel. Grillo v. Shuster, 226 Pa.Super. 229, 312 A.2d 58 (1973).
Further, the testimony of these children was taken without the attorneys being present. This procedure was specifically disapproved in Commonwealth ex rel. Grillo v. Shuster, supra. Further, this error is compounded by the claim, admittedly unsupported by the record, of appellant that a part of this in chambers testimony is missing. It is required that the attorneys be present to safeguard against a claim of this type, as well as others.
I would hold the lower court erred in its consideration and procedure relating to the custody award. Accordingly, I would reverse the order of the lower court entered at No. 1285 June Term, 1974 and remand for a new hearing and determination of custody.
HOFFMAN and SPAETH, JJ., join in this dissenting opinion.. Twin daughters, 9 years of age.