Legal Question in Family Law in Iowa
I am the mother of a 2 month old son. There are 2 possible fathers involved. I didn't want either to be involved in my son's life so I did not persue either one for paternity testing. However, one has threatened to take me to court for DNA testing and to fight for his rights if I do not agree voluntarily. This man would not be a good role model at all for my son and has a past filled with violence, drug and alcohol abuse, and has had his license revoked due to multiple DUI's. Currently he claims to be clean and in AA. The other man I believe would be a good dad and I had already decided to ask him to agree to a "Peace of Mind" test. I know he'll agree b/c he's already expressed interest in taking an active role. My question is, should I just wait and let the first man file a suit against me & just have a test done on the other in the meantime? This way, if the 2nd man is the father, I can tell the first one my son is not his and have him out of my life. Secondly, if the first one turns out to be the father, is it better to just wait for him to serve me, then establish he would be unfit?
1 Answer from Attorneys
That sounds like a life problem and not a legal problem.