Lembach v. Cox

HOWE, Justice:

Plaintiff-Appellant Jay A. Lembach, father of an illegitimate child which he adopted by acknowledgement under § 78-30-12, U.C.A. (1953), seeks reversal of an amended judgment which awarded custody of the IV2 year old boy to his mother.

The father contends: (1) the trial court applied erroneous legal standards to determine custody; (2) the trial court made findings and conclusions unsupported by the evidence; (3) the application of a maternal presumption was a sexual preference which violated the equal protection clause of the 14th Amendment of the U. S. Constitution; and (4) the…