Legal Question in Family Law in Iowa

Father's Rights

The mom of my son wants us out of his life. She refuses to establish paternity and we don't know how to do so without her cooperation. She tolerates me ''visiting'' for about 20 minutes every few weeks, but not anyone else from my family. My showing up visibly upsets her, and my son cries the entire time. She insists on sitting there fuming. He is impossible to comfort with her in the room. I feel that this is a very negative experience for a child to have and we want to get visitation without her presence where he can relax and enjoy seeing us. I can't afford an attorney, and don't have any idea where to go to do what is best for this child.

Also she has been turned into DHS for neglect and since she denys my paternity we are having no luck finding out more information, or even what needs to be done to establish paternity so that we can.

We don't want to interfere with the primary methods she uses to raise him but we do want to make sure we get to see him in a happy, loving, environment on a more regular basis and are more than willing to work with her to make sure he keeps the same environment in both homes. Any help would be appreciated as we cannot afford an attorney. Is there stuff we can do without one?


Asked on 11/25/06, 1:28 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

Re: Father's Rights

If you're sure you're the father and she did not name another on the birth certificate as father you can file an affidavit of paternity. You then need to go to the court and establish custody and visitation. Of course you'll then be obligated to support the child.

Your best bet if you don't want to spend any money establishing your rights is to maybe find someone who'll take the case pro bono or else see whether legal aid will help you.

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Answered on 11/25/06, 2:30 pm


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