J.M.S. v. H.A.

Caplan, Chief Justice:

The sole issue on this appeal is whether a circuit court has jurisdiction to award or deny visitation rights to a father of an illegitimate child. The trial court having held, “There being no marriage alleged or proved and no right of visitation being given the determined father by statute or the common law, the Court has no jurisdiction of the subject matter”, denied the relief sought and dismissed the complaint. Holding that the court does have jurisdiction in such case, we reverse.

It is acknowledged by both parties to this proceeding that J.M.S. is the father of three…