Layton v. Miller

Mr. PRESIDING JUSTICE JONES

delivered the opinion of the court:

This is an appeal from an order dismissing a petition for “custody” of three minor children. The petitioner alleges that he is the uncle of the children whose ages are 4, 5, and 7 years.

We are concerned only with the sufficiency of the petition to state a cause of action cognizable by the trial court. A brief statement of the facts is necessary, but because of their fragmentary presentation on the record before us, such statement can at best be sketchy. The petition was dismissed by the trial court upon motion of the respondent,…