Legal Question in Family Law in Iowa
Establishment of Paternity
A wife has an affair and gets pregnant claiming non-husband is the biological father. When filing a petition to establish visitation and joint legal custody in Iowa, is the petitioner (non-husband) required to name (each) the mother, the mother�s husband, and the child a party to the proceeding? If so, how would one overcome this requirement upon a subject matter jurisdiction challenge by the husband to the original proceeding?
1 Answer from Attorneys
Re: Establishment of Paternity
I'm not sure I understand what it is you're trying to accomplish. You of course have to name the mother. I'd think you;d have to name the husband as well if he has a claim to equitable paternity or is named on the birth certificate as the father. The child is the subject of the litigation and must be named in the petition. I do not understand the second part of your question.