Swayne v. L.D.S. Social Services

OPINION

GARFF, Judge:

Appellant Steven Swayne appeals an order denying him custody of his illegitimate child and seeks attorney fees under 42 U.S. C. § 1988 on the ground that Utah Code Ann. § 78-30-4 (1987) unconstitutionally deprived him of his parental rights. We reverse in part and affirm in part.

Appellant and the mother, P., are the unwed parents of the child whose custody is at issue. Appellant and P. began dating and having sexual relations in late 1985.

While they were dating, P. supported appellant by allowing him to use her car and by giving him money for his apartment rent and other…