OELWEIN - The Iowa Court of Appeals has denied the latest effort by an Oelwein resident to gain greater access to a child he fathered with an Amish woman.
Wednesday's ruling is the latest development in a long legal fight between Dieter Erdelt, 77, and Edna Schrock, 33. Erdelt and Schrock had a daughter, Rachel, in 2003.
Justices affirmed a Fayette County District Court ruling in 2008 that voided a previous custody agreement from the Buchanan County District Court between Erdelt and Schrock.
Schrock and Erdelt reached the agreement in 2005 after a lawsuit named Erdelt the biological father. But a year later, Samuel Schrock, Edna's husband, filed suit in Fayette County hoping to overturn the ruling. Samuel Schrock argued he and Rachel were not properly included in the initial lawsuit.
The lower court decided because Samuel Schrock was not properly notified or named as a party in the case, the prior ruling had no legal value.
The court also said Rachel Schrock was not named as a party or appointed a guardian ad litem to represent her interests. The court ruled everyone involved in a paternity suit must be named as a party.
Erdelt argued before the Iowa Court of Appeals that Samuel Schrock's petition should be dismissed for a number of reasons, including the fact biological parents can enter into agreements without a spouse's approval. Erdelt also argued Samuel Schrock was using a "technicality" in an attempt to void an agreement.
Justices were not swayed.
"We find no merit in any of Dieter's arguments," the ruling said.
Posted in Local on Thursday, August 20, 2009 12:00 am Updated: 6:09 pm.
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