Representing Individuals in Cedar Rapids, Iowa & Throughout Linn County and Nearby in Paternity Matters
A dad in Cedar Rapids, Iowa’s right to be a part of his child’s life is one of the utmost foundational rights as a dad. This is also one of the most important aspects of paternity law. Paternity falls under family law and its purpose is to help establish a relationship between a dad and his child. This relationship gives the dad the right to seek custody and visitation. It also gives the dad the responsibility to financially support and be involved in the child’s life.
Sometimes, however, the mother may not be cooperative in allowing the dad to have an active role in the child’s life. In these family law cases in Cedar Rapids, having a caring Linn County paternity attorney on your side is crucial to helping you fight for your rights. At Stange Law Firm, our Iowa paternity lawyers handle all aspects of paternity cases, from establishing paternity to enforcing rights. We know the importance of dads being able to play an active role in their child’s life, and we will advocate to assist you in getting the time you deserve with your child. Contact a Cedar Rapids, IA family law attorney today to secure exclusive family law representation.
What Is Paternity?
Paternity is the legal term used to describe the dad-child relationship. In Iowa, there are a few processes for establishing paternity:
- Paternity Affidavit – This is a legal document that allows a man and a woman to voluntarily declare that the man is the biological dad of a child.
- Court Order – Either parent may file an action with the court looking for the determination of paternity. This action can also be filed by the Linn County child support office if the case is enrolled and open in their office. Parties can agree to paternity without DNA testing, request DNA testing to determine paternity, or the court can hear evidence and decide as to whether or not paternity should be established.
Once paternity is established, a child will have access to Social Security retirement or survivor benefits, inheritance rights, veteran’s benefits, and life and health insurance benefits.
What Legal Responsibilities Does Paternity Give the Dad in Linn County?
Paternity gives the dad several legal rights and responsibilities. These include:
- Custody: The dad is entitled to seek custody of his child. This is something that both parents are entitled to once a child has been born. If the dad has been identified later in the child’s life, or if paternity has been disputed, he has full rights to seek custody once paternity has been effectively established.
- Visitation: The dad also can seek visitation rights with his child. This is an important factor for the dad to be involved in the child’s life. If there is a current custody arrangement in place in which a child spends more time with the other parent, this can be especially true. If the other parent has been granted full custody, the dad still can petition the court for visitation rights to ensure he can spend time with his child.
- Child Support: The dad is also responsible for supporting his child financially. In Iowa, child support is calculated by applying uniform child support guidelines created by the Iowa Supreme Court, which is designed to recognize the duty of both parents to provide support to their children. These funds are then used to cover the costs of raising the child.
What Can Make Paternity Hard to Establish in Cedar Rapids, Iowa?
In some situations, establishing paternity may prove to be difficult. Those reasons include:
- When the other parent refuses to cooperate with DNA testing: To establish paternity through DNA testing, both the other parent and the alleged dad need to submit to a test. The test searches for certain markers in the DNA that can be matched to the child. If the other parent does not want to submit to testing, it can make it harder to establish paternity. However, courts can order the other parent to submit to testing if there is reason to assume that the person is the child’s dad. The other parent is not able to legally deny a suspected dad from taking a paternity test.
- When the mother is married to someone else: If the mother is married when the child is born, the child’s dad is automatically presumed to be her husband. This can make it more challenging to establish paternity if her husband is not, in fact, the dad. To establish paternity in this scenario, the dad would be required to prove that the husband is not the child’s dad through DNA testing.
- When the dad is not listed on the child’s birth certificate: Typically when a mother is not sure of who the dad was at birth, a dad’s name will not be included on a birth certificate. This will initially provide the dad with no legal rights to the child, but he can petition the court to have his name added to the birth certificate once paternity has been established.
How Can Paternity Be Established in Cedar Rapids, IA?
In the state of Iowa, paternity can be established in a few different ways. A man in Iowa is presumed to be the dad of a child if he and his wife are married when the child is born. If that criteria is not met, paternity can legally be established in Iowa in one of two ways:
- Paternity Affidavit, or
- Court Order
Contact Stange Law Firm in Cedar Rapids, Iowa in Linn County, IA Today
If you need help establishing paternity in Cedar Rapids, need assistance enforcing paternal rights, or have any other questions regarding your rights as a dad, contact Stange Law Firm in Linn County today. We can help make sure that your rights are protected and that you have and maintain a strong relationship with your child.
We believe that no one should have to navigate the paternity process alone, which is why we are happy to talk with you regarding your paternity rights. Contact us today to schedule a consultation.
Linn County (Cedar Rapids) Office (319-219-6828) | 4515 N. River Blvd NE, Suite 220, Cedar Rapids, Iowa 52411
