Legal Question in Family Law in Iowa

Can a man challenge paternity concerning a child of married parents? I can't seem to find a clear consise answer anywhere. My sister has been married for 3 years, but went through a rough patch with her husband last year during which she slept with another man, she became pregnant and had the baby last spring. She had an early ultrasound and the estimated conception occured when she first got involved with someone else. The baby could be either her husbands or the other mans. When she split up with the other man there was a violent incident which has resulted in a criminal no contact order with this man herself and her baby being protected parties. Her husband and here are living together and raising this baby and their other children together. They did a voluntary paternity affidavit and her husband is on the birth certificate and is who the child knows as her father. They heard through mutual friends of the other man that he is intending on establishing paternity then going after custody or visitation. What legal rights do my sister and her husband have regarding this? Is there anything they can do to keep this man from the baby? He is violent and extremely mentally unstable as found by court and dhs. Does he have recognized rights in Iowa to pursue this child? Any answers or referals for more information would be greatly appreciated.


Asked on 12/29/10, 3:16 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

The precedent in Callender v. Skiles,

http://www.iowacourts.gov/supreme_court/recent_opinions/19990217/98-0308.asp

seems to indicate that this person can, in fact, institute proceedings to establish paternity and get visitation. However, that is conditioned on the best interests of the child.

It would be to your sister's husband benefit to have a DNA test done immediately to determine whether he is the biological father. That should clarify matters and determine their future course.

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Answered on 1/06/11, 10:31 am


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