Legal Question in Family Law in Iowa

I am looking to sign a parental affidavit for a 5 1/2 year old child. The mother, whom I met while pregnant with this child and began a relationship with, does not know the identity of the biological father as she was rather promiscuous at the time the child was conceived. I stayed with this woman for 3 1/2 years and grew very close to the child. Me and the mother are no longer together but I would prefer to continue to be the father of this child and feel I should assume responsibility and gain legal rights to the child. The mother is willing to agree.

By signing this affidavit, will I gain the same rights as a biological parent would? Also, the mother has received FIP support from the state of Iowa since the childs birth. Would I be responsible to repay the state for this support and if so, will I be garnished at a high rate?

Thank you.


Asked on 3/04/10, 12:48 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

The answer to the first question is arguable, although I question whether an affidavit if paternity is sustainable given that you are not the father and some time has passed since birth. If you did sign and it was accepted you would be liable for back support.

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Answered on 3/09/10, 1:21 pm


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