Daly v. Morse

OPINION

This is an appeal from an order denying appellant’s petition for visitation rights. Because appellant had a right to petition for visitation rights and was entitled to a hearing on that petition, we reverse and remand this case to the district court.

In December, 1958, appellant married Marcus Daly III. Prior to this marriage, Daly had been married to Kathryn Little Daly. While married to Kathryn Little Daly, Marcus Daly III fathered a child out of wedlock, Candace Marie, whom he and Kathryn Little Daly later adopted. When Marcus and Kathryn Daly divorced, Candace was left in Kathryn’s…