Jackson v. Fitzgerald

CAYTON, Acting Judge.

Mrs. Jackson filed a complaint against her son-in-law, asking for custody of her four-year-old granddaughter, or in the alternative, for the right of visitation. The child, whose mother had died, was in the custody of its father. On motion of the defendant-father, the trial court dismissed the complaint on the ground that it failed to state a cause of action. Under the order, plaintiff was given leave to file an amended complaint. She did not avail herself of that opportunity, but brought this appeal.

The substance of the complaint was that the child and its mother had…