I live in Iowa and I was wondering if a biological paternity test matters in child custody if the person signs the birth certificate? A friend of mine is married to a man who she is very unhappy with. She wants to leave him but is afraid of losing custody of her child. If she can prove he is not the biological father, what rights does he have to the child?

The husband is the legal father of the child and unless the biological father were to challenge it, she cannot change her mind now.

This is actually something that she is not even allowed to bring up in court.

So the answer is that he has full rights as the father of the child... because as far as the court is concerned, he IS the fahter of the child.

HE could challenge paternity depending on the age of the child, but it does not sound like that is something he is interested in.

What Steve says is true, but that doesn't mean she will lose custody. It just means that he will probably share custody.

Ok so what if the actual biological father pushes for a paternity test. Would that have any effect on it at all? Or would it simply make things worse.

How old is the child? That will factor into whether the biological father CAN get a paternity test.

It may affect things, but its not a guarantee. But like Scott said, he will not likely get custody in a normal case. Joint custody is usually the best EITHER parent can hope for when there is a disagreement.

The child is just over 1yr. Old. The hope here is that the child will go to the mother. She is without a doubt the primary care giver. She is currently a stay at home mother. So she spends all day with him.

If the bio father wants paiternity then he needs to get an attorney and file ASAP.

I am actually going to have to put my foot in my mouth and backtrack on my previous statement. In IA, the mother may actually file to deestablish paternity, per IA law.

http://www.dhs.iowa.gov/policyanalys...aster/10-d.pdf

So to backtrack... yes, the mother can attempt to remove his custody claim by de establishing paternity.

Bear in mind, this also absolves the father from any support, as well as rights. It does NOT prevent him from filing for step parent visitation (which I will look up if it is a concern)

Child support or anything of the sort is not an issue. The only real fear she has is losing custody of her children. She is not happy at all with him, but would rather stay than risk losing her child.

Based on the hundreds of cases I have read, she probably will not lose custody regardless how this turns out. It takes quite a bit for the mother to lose custody - usually something on the level of a felony assault against a child.

Joint custody is not the end of the world, and lets face it... if the father is willing to fight for custody, he obviously loves the child and no child is bad off with parents that love it enough to fight for it.

Sorry for the rant. I am a parent... I cannot help it. :)

And also, thank you so much for all this info.

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Originally Posted by NeedSomehope

and also, thank you so much for all this info.

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I am glad I can help. I hope everything turns out for the best (for everyone, including the father(s))

Mostly for the child though. Cause at the end of the day, that's what matters most. :-D

Well the type of person he is, he would fight for the child simply to spite her. Because he knows it would hurt her and deter her from leaving him.

I know the type. Hopefully this info gives her a bit of leverage. If you can, check back in and let us know how things go.

The husband in this case is a very controlling personn and if nothing else would try to fight for the child simply for that reason. He would do it to "punish" her or deter her from leaving him more than anything else.