Gay v. Cairns

McGIVERIN, Justice.

Does a father who has acknowledged paternity of an illegitimate child have a right to visit the child as long as the visitation is in the best interests of the child? We believe he does and reverse the trial court’s dismissal of the father’s petition for visitation.

Plaintiff Don Gay, the acknowledged father of the child, petitioned for a writ of habeas corpus against defendant Nancy Cairns, the natural mother, seeking visitation rights with their child, Amy Lean Gay, born October 22, 1976.

After trial the court ruled that because Don and Nancy had never been married, Don had…