Paternity Archives - Divorce Utah

What’s the difference between legal custody and physical custody?

April 13, 2020

Child Custody, Children in Divorce, Custody, Divorce Law, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parentage, Paternity, Physical Custody, Utah Law, Women's Divorce Issues

Here’s a question many parents have: what is the legal definition of “joint legal custody” and “joint physical custody” in Utah when it comes to the custody of children? Is there are difference? The answer: “Legal custody” is not the…

2019 UT 72 – Utah Supreme Court – Hinkle v. Jacobsen – standing to establish paternity

This opinion is subject to revision before final publication in the Pacific Reporter 2019 UT 72 – Utah Supreme Court – Hinkle v. Jacobsen THERESA I. HINKLE, Appellee, v. KOREY D. JACOBSEN, Appellee, and JODY RHORER, Intervenor and Appellant. No.…

2019 UT 71 – Utah Supreme Court – Castro v. Lemus – standing to establish paternity

This opinion is subject to revision before final publication in the Pacific Reporter 2019 UT 71 – Utah Supreme Court OSCAR CASTRO, Appellant, v. MARI TERESA LEMUS, Appellee. No. 20180094 Heard February 22, 2019 Filed December 19, 2019 On Certification…

2019 UT 74 – Mackley v. Openshaw – Utah Supreme Court – denial of paternity

January 8, 2020

Divorce Utah

Paternity, Uncategorized, Utah Supreme Court Decisions

2019 UT 71, Castro v. Lemus, denial of paternity by presumed father, father of illegitimate child, Husband’s presumed paternity, lacked standing, mistake of fact, move to dismiss petition, mutual mistake of fact, unilateral mistake of fact, UTAH CODE § 78A-6-514(3), UTAH CODE § 78B-15-306(1)(a), Utah Uniform Parentage Act, UUPA

This opinion is subject to revision before final publication in the Pacific Reporter 2019 UT 74 – Mackley v. Openshaw – IN THE SUPREME COURT OF THE STATE OF UTAH ADAM MACKLEY, Appellant, v. ADRIENNE OPENSHAW, Appellee. COLTON BARNEY, Appellee,…

Do judges get angry at “dead beat dads” who aren’t biological fathers?

August 15, 2019

Divorce Utah

Child Support, Child Support Modification, Paternity

angry, biological father, Child Support, court, deadbeat dad, dna testing, feelings, judge, opinions

Do judges get angry at supposed “dead beat” dads who are not the biological father and refuse to pay child support for a kid that is not theirs? Occasionally. There are some well-publicized instances of men who can prove they…

Nebeker v. Orton – 2019 UT App 23 – child custody and parent-time

May 28, 2019

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Custody, Dirty Tricks, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Fitness, Parental Rights, Paternity, Utah Code, Utah Court of Appeals Decisions, Utah Law, Visitation, Women's Divorce Issues

§ 30-3-34, § 30-3-35, § 30-3-35.5, ¶ 26, 1999 UT App 290, 2001 UT App 225, 2009 UT App 233, 2014 UT 10, 2016 UT App 135, 2017 UT App 192, 2018 UT App 38, 2018 UT App 5, 217 P.3d 733, 29 P.3d 676, 326 P.3d 645, 379 P.3d 890, 406 P.3d 258, 414 P.3d 933, 420 P.3d 53, 436 (Utah 1993), 604 (Utah 1989), 761 P.2d 942 (Utah Ct. App. 1988), 776 P.2d 599, 850 P.2d 431, 989 P.2d 491, Bond v. Bond, Davis v. Davis, Elmer v. Elmer, Fullmer v. Fullmer, Gillmor v. Wright, Hudema v. Carpenter, K.P.S. v. E.J.P., Kimball v. Kimball, Shuman v. Shuman, State v. Nielsen, Taft v. Taft, Utah code

Nebeker v. Orton – 2019 UT App 23 THE UTAH COURT OF APPEALS SHANE NEBEKER, Appellant, v. TRISHA ANN ORTON, Appellee. Opinion No. 20170438-CA Filed February 14, 2019 Sixth District Court, Richfield Department The Honorable Marvin D. Bagley No. 154600140…

2019 Utah Legislative Session – parentage, child custody factors

May 24, 2019

Divorce Utah

Child Custody, Custody, Paternity, Utah Code, Utah Law

2019 Utah Legislative Session, 78B-15-610, custody, divorce statutes, Parent Time, parentage action., Utah code

Welcome back to our feature on new laws from the 2019 Utah Legislative Session. There were a lot of changes in family law in 2019. The legislature amended section 78B-15-610 of the Utah Code, which applies in parentage actions (which…

Have you ever doubted that your child was actually yours and decided not to find out if true?

February 22, 2019

Divorce Utah

Dirty Tricks, Parentage, Paternity

not the biological father, not the real father, real dad

No, but over the course of my career as a family lawyer I have spoken to several men who suspected they might not be the biological father of children they were raising or had raised to adulthood, but didn’t care…

Can I use Ancestry.com to prove or disprove paternity?

January 24, 2019

Divorce Utah

Parentage, Paternity

Ancestry.com, DNA test, parentage, paternity

Question: Can I use Ancestry.com to order child support? Answer: I think you’re asking whether you can use a commercial DNA testing service to prove in court that you are or are not the biological father of a child for…

My parents are unmarried. Can I choose which one I live with?

September 20, 2018

Divorce Utah

Child Custody, Custody, Paternity

Utah code, Utah Code § 30-3-10(1)(e), Utah Uniform Parentage Act

So my parents were unmarried and I’ve been in custody of my mother. I want to be with my dad however, how does everything work so I can live with him? If you just tell Mom you want to live…

April 8, 2018

Divorce Utah

Child Custody, Paternity, Utah Court of Appeals Decisions

2018 UT App 39 THE UTAH COURT OF APPEALS OKECHUKWU AJINWO, Appellant, . CLAUDIA CHILESHE, Appellee. Opinion No. 20170051-CA Filed March 15, 2018 Fourth District Court, Provo Department The Honorable Samuel D. McVey No. 144402649 Christopher D. Greenwood, Attorney for…

I had a child from an affair but my husband is raising the baby and is on the birth certificate, can the other man get custody of my child?

December 27, 2017

Divorce Utah

Child Custody, Extramarital affairs/Adultery, Parentage, Paternity

I had a child from an affair but my husband is raising the baby and is on the birth certificate, can the other man get custody of my child? I practice law in Utah, so my answer is based upon…