Timothy A. Baxter v. Jennifer D. Rowan

Syllabus

This case involves an unwed father's right to visitation with his minor child. After an initial denial of Father's request for visitation, the trial court later granted Father and Father's mother visitation rights following the filing of a Rule 60 motion. In granting relief, the trial court found that Father had standing, having previously executed a voluntary acknowledgment of paternity. Mother filed a timely appeal arguing that the trial court erred in granting Father relief. Notably, Mother contested Father's standing to sue for visitation, arguing that the voluntary acknowledgment of paternity did not vest Father with standing to sue. For the reasons contained herein, we affirm in part and vacate in part the trial court's order granting Father relief. Further, we reverse the portion of the trial court's order granting visitation rights to Father's mother.