Custody for unmarried parents in Iowa

[Anonymous1010]

Jurisdiction

Iowa

I am in Iowa. The father is on the birth certificate but we were never married. There is no court order for visitation/custody. The father is not involved and our son is almost two. As the mother, do I automatically have sole legal and physical custody until there is a court order in place stating otherwise?

Thank you

 

[adjusterjack]

The father has just as much right to the child as you do.

Is that what you are asking?

 

[army judge]

As the mother, do I automatically have sole legal and physical custody until there is a court order in place stating otherwise?

You are almost correct. But, with our laws, there's ALWAYS more!

The alleged father of a baby conceived and birthed out of wedlock has no parental rights to the child.

ALL parental rights are vested in you, the birth mother.

In Iowa, the law allows the male to declare paternal rights.

The full process of paternity declaration is explained in the linked articles below.

However, should the alleged, putative pappy seek any rights, he might also decide to take the matter to court. The court will order genetic testing to see if the man is the true pappy. If the genetic test proves dude to be the pappy, you can then seek child support.

However, are the often sporadic child support payments worth the havoc and chaos he can bring into your life? You'll need to make those decisions.

I suspect you'll find these legal articles enlightening:

Iowa Legal Aid

Iowa Legal Aid

The Fathers Rights Iowa Guide and The Rules You Need to Know

Father's Rights in Iowa - Iowa Fathers Rights Help and Advice

Rights of Unmarried Fathers

Does an Unmarried Father in Iowa Have Rights to Child Custody?

https://www.childwelfare.gov/pubpdfs/putative.pdf

 

[Anonymous1010]

The father has just as much right to the child as you do.

Is that what you are asking?

Yes! For instance, if he took the child and didn't give him back, would this be ok legally or does physical custody belong to me if there is no court order for custody. If it's the case that he could take the child, I would seek a court order to get custody in place...whatever arrangement that might be.

 

[zddoodah]

Does it matter? Go to court and get appropriate orders for custody, visitation and support. Then there will be no question and no room for law enforcement interpretation of the situation.

 

[justblue]

Does it matter? Go to court and get appropriate orders for custody, visitation and support. Then there will be no question and no room for law enforcement interpretation of the situation.

Court Orders are a parents best friend.

 

[PayrollHRGuy]

Court Orders are a parents best friend.

Maybe but having children with a spouse that is actually going to be around to help raise the children is the kid's best friend.

 

[Zigner]

Maybe but having children with a spouse that is actually going to be around to help raise the children is the kid's best friend.

Unless, of course, said spouse is abusive (in any of a myriad of possible ways).

 

[lemonthepianist]

From what I understand, since you were never married and there is no court order in place for visitation/custody, you should automatically have both legal and physical custody of your son. Of course, it's always a good idea to confirm this with a legal professional to be sure, but it seems like you're in the clear for now.

 

[Zigner]

From what I understand, since you were never married and there is no court order in place for visitation/custody, you should automatically have both legal and physical custody of your son. Of course, it's always a good idea to confirm this with a legal professional to be sure, but it seems like you're in the clear for now.

Please...just don't. There are many reasons why the OP might not be "in the clear".

 

[PayrollHRGuy]

Unless, of course, said spouse is abusive (in any of a myriad of possible ways).

Such wasn't mentioned sot horses not zebras.

 

[adjusterjack]

Such wasn't mentioned sot horses not zebras.

I think you mean:

If you hear hoofbeats, think horses not zebras.

 

[PayrollHRGuy]

I think you mean:

If you hear hoofbeats, think horses not zebras.

With the exception of the "t" added to "so" that's what I meant and felt the preface was implied.

 

[Zigner]

Such wasn't mentioned sot horses not zebras.

You are the one who took the thread on a tangent. I was responding directly to what you stated. I stand by MY statement.

 

[leslie82]

I am in Iowa. The father is on the birth certificate but we were never married. There is no court order for visitation/custody. The father is not involved and our son is almost two. As the mother, do I automatically have sole legal and physical custody until there is a court order in place stating otherwise?

Thank you

"Parents can legally establish the paternity of a child born out of wedlock by signing a paternity affidavit and filing it with the Iowa Department of Health and Human Services. The paternity affidavit is a free form parents complete and file with the Bureau of Health Statistics (BHS) to legally establish paternity."

Iowa Child Support.

Paternity

How can I establish my
child's legal father?
1. If a mother is married at some time during the pregnancy or at
birth.
2. If a court enters an order naming the father.
3. If both parents fill out and sign the paternity affidavit form.
One of these criteria must be met for your child's father to be on the birth certificate.

If your child's father is listed on the birth certificate, that means you both signed the paternity affidavit, according to what I copied from Iowa DHS. So it sounds like he has parental rights per Iowa's laws and if he wanted to file for custody or visitation he could.

If I was you, I'd be looking up family law attorneys who do free consultations in your area so you know for sure what his rights are. If you're worried about him coming out of nowhere to take him, I'd see about filling for custody so you do have it in writing.

 

[leslie82]

Maybe but having children with a spouse that is actually going to be around to help raise the children is the kid's best friend.

Some people become abusive after a child is born...so no one can really predict that happening before they marry someone. Just putting it out there. Lots of abuse doesn't start until after a child is born.

 

[PayrollHRGuy]

Some people become abusive after a child is born...so no one can really predict that happening before they marry someone. Just putting it out there. Lots of abuse doesn't start until after a child is born.

And the other parent could be Capt. America. But I didn't mention that because it wasn't brought up by the OP.

 

[Anonymous1010]

Maybe but having children with a spouse that is actually going to be around to help raise the children is the kid's best friend.

Agreed...but people can

"Parents can legally establish the paternity of a child born out of wedlock by signing a paternity affidavit and filing it with the Iowa Department of Health and Human Services. The paternity affidavit is a free form parents complete and file with the Bureau of Health Statistics (BHS) to legally establish paternity."

Iowa Child Support.

Paternity

How can I establish my
child's legal father?
1. If a mother is married at some time during the pregnancy or at
birth.
2. If a court enters an order naming the father.
3. If both parents fill out and sign the paternity affidavit form.
One of these criteria must be met for your child's father to be on the birth certificate.

If your child's father is listed on the birth certificate, that means you both signed the paternity affidavit, according to what I copied from Iowa DHS. So it sounds like he has parental rights per Iowa's laws and if he wanted to file for custody or visitation he could.

If I was you, I'd be looking up family law attorneys who do free consultations in your area so you know for sure what his rights are. If you're worried about him coming out of nowhere to take him, I'd see about filling for custody so you do have it in writing.

"Parents can legally establish the paternity of a child born out of wedlock by signing a paternity affidavit and filing it with the Iowa Department of Health and Human Services. The paternity affidavit is a free form parents complete and file with the Bureau of Health Statistics (BHS) to legally establish paternity."

Iowa Child Support.

Paternity

How can I establish my
child's legal father?
1. If a mother is married at some time during the pregnancy or at
birth.
2. If a court enters an order naming the father.
3. If both parents fill out and sign the paternity affidavit form.
One of these criteria must be met for your child's father to be on the birth certificate.

If your child's father is listed on the birth certificate, that means you both signed the paternity affidavit, according to what I copied from Iowa DHS. So it sounds like he has parental rights per Iowa's laws and if he wanted to file for custody or visitation he could.

If I was you, I'd be looking up family law attorneys who do free consultations in your area so you know for sure what his rights are. If you're worried about him coming out of nowhere to take him, I'd see about filling for custody so you do have it in writing.

Thanks. He is on the birth certificate because paternity was established when child support was ordered. He was not on the original birth certificate. He never responded when served for child support so they automatically established him as the father. He never signed a paternity affidavit. It was also my understanding from what I had read that he would have to file for custody, but definitely could if he wanted to since he is the established father. But until then I assumed I had sole custody.

 

[justblue]

Agreed...but people can


Thanks. He is on the birth certificate because paternity was established when child support was ordered. He was not on the original birth certificate. He never responded when served for child support so they automatically established him as the father. He never signed a paternity affidavit. It was also my understanding from what I had read that he would have to file for custody, but definitely could if he wanted to since he is the established father. But until then I assumed I had sole custody.

You do. What exactly are you concerned about? You stated that he has nothing to do with the child, so why are you concerned that he will take off with Jr.?

 

[Anonymous1010]

You do. What exactly are you concerned about? You stated that he has nothing to do with the child, so why are you concerned that he will take off with Jr.?

He is not involved right now but has said he wants 50 50 custody. He says things but hasn't acted yet.