Ask Me Help Desk - Challenging paternity?

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 occurred 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. This is in the state of Iowa

This is covered by IOWA 614.8
1. An action to establish paternity and support under this chapter may be brought within the time limitations set forth in section 614.8. [one year after child attains age of majority]

While when a child is born to a married couple the husband is presumed to be the father and is made the legal father, Iowa permits a challenge to that paternity until the child is 18. So the possible father can certainly bring an action to compel a DNA test to establish paternity.

If the test comes back that he is the father, then it is likely he will get visitation rights. But its unlikely he will get custody. If it does turn out he's the father then your sister should file for child support.

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Originally Posted by ScottGem

While when a child is born to a married couple the husband is presumed to be the father and is made the legal father, Iowa permits a challenge to that paternity until the child is 18. So the possible father can certainly bring an action to compel a DNA test to establish paternity.

If the test comes back that he is the father, then it is likely he will get visitation rights. But its unlikely he will get custody. If it does turn out he's the father then your sister should file for child support.

Callendar v. Skiles, 591 N.W.2d 182 (Iowa 1999) (M & H still married, b/f brought paternity action 6 months after child’s birth; court emphasizes that constitutional rights may be waived by failure to timely assert and that court could balance interests to deny b/f’s claim, but must give him an opp to be heard).