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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34079
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hello, My husband is an active Sgt in the Army, he had a one

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My husband is an active Sgt in the Army, he had a one night stand with one of his fellow Sgt's. they are both stationed in Germany at least for another year. Her husband was in the States and returned one day after the adultery. She became pregnant and is refusing to do a DNA test while she is pregnant so that we will know for sure the child is not my husband's. The woman states if it is my husband's she does not want anything from him, because her husband is going to be the father and has accepted that it is his child, she is only 10 weeks pregnant now. I wanted to make sure that she does not change her mind about wanting anything from my husband after the baby is born with blue eyes and white (her and her husband are hispanic) and her husband leaves her realizing it is not his child. She said she will sign any paper we want denying that she will need anything from us. I want to make sure we know it is my husbands or not so I offered to my husband to order a paternity test after the child is born. Someone told my husband that if we request a DNA test and it is established that it's my husband's child, the paper that she signs will become void because my husband will be forced to pay child support even if she does not want anything to do with him. Please give us some correct information. Also, as the wife of the adulterer, can I request the DNA or do I not have any legal rights? Thank you
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Ma'am, I am sorry for this dilemma.

The truth is that nothing either of them (your spouse or the other woman) sign today would prevent either of them from contesting paternity after the birth of a child.

After the child is born, she could request a court order a paternity test on your spouse to determine if he is the child.

Your spouse could request she and the child be subject to paternity testing to determine if he is the father.

And her spouse could request paternity testing to determine if he is the father.

You are the only one here that would not have standing (the right) to demand a paternity test.

Now...such orders would need to come from a court...and it would be much easier to obtain them from a US court (there are legal hurdles in obtaining such a test in a German court). So this could be a timing problem for one or more of the parties if they have to wait for your spouse and/or the other woman to return to the states.

But this is something that the US courts can order (DNA testing)

Again, anything either your spouse or this woman sign would not preclude them from filing with the court at a later date.

The one other dynamic you do not mention is the fact that under military law that they both could be held accountable for criminal misconduct. Adultery is a crime under military law.

That is one thing you could do, if you were so inclined, as could her spouse. Either of you could report this to their respective commanding officers and ask that they be investigated for adultery. I am not suggesting that you take this course of action, as it could lead to the end of one or both of their military careers. But it is something that could happen if the commander is made aware of this misconduct.

Please let me know if you have more questions...happy to assist if I can

Customer: replied 3 years ago.

Thank you for your response, my only confusion is about the financial responsibility. If she signs a paper refusing any help from my husband, in the event that just so we know what to tell our children in the future if they have a half sibling, we decide to do a test, if she does not want any financial assistance from us, but it is established that the child is my husbands, can the court mandate my husband to pay even if the child is carrying her husband's last name and is mentioned as the birth father? Thank you

Yes. That is correct. Parents can not waive child support. So nothing that she could/would sign could legally prevent her from seeking a court order for support in the future. Period.

Now...the court is concerned with one thing and one thing only....what is best for the child. So if she and her spouse keep the child, name the child as their own and life goes on for several years, at some point the court is not going to entertain a claim of paternity towards someone else. At some point (typically a few years) the married spouse will be solely responsible as father in the eyes of the court.

So passing of time will help protect your spouse more than any piece of paper could.

P. Simmons and other Military Law Specialists are ready to help you