Gardner v. Rothman

The acknowledged father of an illegitimate child complains that the mother, with whom the child lives, has refused him visitation rights. The mother’s motion to dismiss the complaint was denied in the Probate Court, and the judge reported the matter to the Appeals Court. We allowed the father’s application for direct appellate review, and we affirm the judge’s order.

The complaint alleges the following facts. The father and mother had an “uninterrupted relationship” from December, 1971, to August, 1973. On April 13,1972, the father executed a sworn “acknowledgement of paternity.” The child was…