HAMBY v. JACOBSON

880026-CA.

769 P.2d 273 (1989)

Kathleen HAMBY, and the State of Utah, by and through the Utah State Department of Social Services, Plaintiffs and Appellants, v. Gail JACOBSON, Defendant and Respondent.

Court of Appeals of Utah.

January 24, 1989.


Attorney(s) appearing for the Case

Priscilla Ruth MacDougall (argued), Kathleen Hamby, Madison, Wis., Mary C. Corporon, Kellie F. Williams, Corporon and Williams, Salt Lake City, for plaintiffs and appellants.

Lynn D. Wardle (argued), Orem, Richard M. Taylor, Spanish Fork, for defendant and respondent.

Before DAVIDSON, BENCH and GREENWOOD, JJ.


OPINION

GREENWOOD, Judge:

Kathleen Hamby (Hamby) appeals from the trial court's order that two of her children bear the surname of their father, from whom Hamby is divorced, rather than her surname. We reverse.

FACTUAL AND PROCEDURAL BACKGROUND

Kathleen Hamby and Gail Jacobson are the natural parents of two children, both born out of wedlock. Their first child, named Kelly Lynn Hamby on his birth certificate, was born in June 1983. In November...

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