Paternity Archives

Scott v. Benson – 2023 UT 4 – Fraudulent Voluntary Declaration of Paternity

2023 UT 4 IN THE SUPREME COURT OF THE STATE OF UTAH TAYLOR LYNN SCOTT, Respondent, v. SARAH CATHERINE BENSON, Petitioner. No. 20210922 Heard October 3, 2022 Filed April 20, 2023 On Certiorari to the Utah Court of Appeals Third…

Are That there is a Bias Against Men/Fathers in Child Custody Disputes Just Whining?

December 15, 2022

Divorce Utah

Child Custody, Custody, Divorce, Legal Custody, Men's Divorce Issues, Parental Rights, Paternity, Physical Custody

Are claims that there is a bias against men/fathers in child custody disputes just whining? No. Such claims are true and while the problem is slowly abating, it still needs to be actively addressed and remedied. It’s not a knock…

My children’s father is a bum. Can he get 50/50 custody awarded?

The question is: I’m a stay at home mom, my BD is always working unreliable and inconsistent hours, he wants 50% custody of our son. Will he be granted 50%? His hours always vary from 4pm 7pm 9pm even 2am…

Should I get sole custody of my children if the dad does not want custody?

Should I get sole custody of my children if their dad does not want to be involved with them? Or try to talk it out before I go through with it? Your children deserve a loving, salutary relationship with both…

Are there experts who can evaluate parental alienation for a custody case?

There are “expert” witnesses for virtually any and every issue in legal actions. Can judges be bamboozled by pseudo-scientific expert witnesses? Without question. Do some judges who know that the so-called expert witness’s testimony is pseudo-scientific bunk (or at least…

Can I gain full custody if I’m bipolar?

I don’t want anything to do with my child’s father. Can I gain full custody if I’m bipolar? First, thank you for being so candid and blunt. This is a question that everyone on both sides of this issue have…

How easy is it to change your child’s last name?

I cannot answer this question as it applies in all jurisdictions, but I can answer the question as it applies in the jurisdiction where I practice divorce and family law (Utah): Here are the applicable Utah Code sections: 42-1-1. By…

Why does paternity leave benefit everyone?

December 20, 2021

Divorce Utah

Co-parenting, Family Law, Parent Time, Parental Rights, Parenting Plan, Paternity

co-parenting, Father's rights, maternity leave, men, newborn child, parents, paternity leave, women

I’m not sure it does (and this comes from the father of four children himself). A little paternity leave would do no harm in most cases, but I’m not sure it confers any substantial or significant personal or societal benefits. …

My ex is a nut job. I was served with court papers for paternity, child support, and custody for unnamed yet to be born child #1 & #2. Problem is I’m not pregnant. What do I do?

September 29, 2021

Divorce Utah

Child Custody, Child Support, Court Rules, Divorce Law, Family Law, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Paternity, Women's Divorce Issues

court motions, court rules, custody, divorce law, family law, future children, unborn children

Thanks for the laugh. In 25 years of family law practice I’ve never heard of a man seeking custody of children (plural) that do not exist, nor have I ever heard of a man seeking custody of a child (let…

Why is it difficult for a father to get child custody?

February 13, 2021

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Coping With Divorce, Court Orders, Custody, Custody Evaluation, Dirty Tricks, Divorce, Divorce Attorneys, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Family Law, Fathers' Divorce Issues, Holiday Parent-time, Joint Legal Custody, Joint Physical Custody, Judges, Justice and Equity, Legal Custody, Legal System, Men's Divorce Issues, Modification of Child Custody, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Parentage, Parental Alienation, Parental Fitness, Parental Rights, Parenting Plan, Paternity, Petition to Modify Decree of Divorce, Physical Custody, Preparing for Divorce, Procedure and Evidence, Sole Custody, Uncategorized, Women's Divorce Issues

bias, care, child custody, children, courts, difficult, false belief, false premises, father, fathers, holidays, joint equal child custody, mothers, mothers better parents, overcome, pernicious, presuming, presumption, primary custody, relationship, society, sole, weekend

Why is it difficult for a father to get child custody? Because there is a pernicious and false belief in far too many of the courts (not, notably, in society at large) that generally: mothers are better parents than fathers;…

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

April 13, 2020

Divorce Utah

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…