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Military Abortion Law

Military abortion can cause stress to a military member who is already under enough stress. Military abortion laws can confuse people who have never dealt with the military. These laws can often lead to questions like the ones below that have been answered by Experts.

Can a person be forced to take a pregnancy test after they have an abortion, by their chain of command? The person is now facing an art 15 for lying to command about when the abortion took place.

It is unlikely that the commander was within the legal right to order you to take a pregnancy test. However, it would seem that there are more pressing matters at hand. You really should have legal representation for this situation. You need to go to Trial Defense Service (TDS) and tell them the entire story. Now is when you should put all focus on the Art 15 and prepare for it. TDS can assist you with the ART 15 and help you get past it.

If a married soldier has an affair and the woman has an abortion, can the soldier be charged by the military if his wife is okay with the affair?

As far as the law is concerned, the fact that your wife is aware and ok with the affair will have little bearing on the fact that you have violated military law. However, the fact may sway your command from pursuing any further action. If your command chooses to proceed, they can base their decision on Article 134 (a catch-all for offenses that are not specifically covered by other articles). At this point, you may want to refrain from giving your statement to anyone until you receive legal guidance.

Can soldier gain custody of a baby if the couple isn't married? He wants the mother to have an abortion and is threatening to take the baby if she has it.

Usually, if the parents of the baby are not married, but the father is named on the birth certificate, the father will maintain rights to the child. However, this wouldn't mean that the father could take the baby from the mother. Generally, in order for a mother to lose custody of a child, she would have to be abusive or neglectful. The courts usually don't remove a child for anything less than what is in the best interest of the child.

What rights does a military wife have if her husband has an affair, the woman has an abortion and now the husband wants a divorce?

You can make a divorce difficult for your husband by not cooperating in the proceedings and forcing him to hire an attorney, however, if your husband wants the marriage to end, there isn't much more that can be done to stop him. You can tell your husband's command about the affair. If they choose to investigate the claim, they could prosecute because adultery is illegal in the military. However, before you decide to turn him in, you may want to consider the financial outcome for both of you. If he is prosecuted, he will be separated from the military. This means his is going to be out of a job and he will lose his retirement benefits. The final decision will be yours and how bad you want him to pay for his affair.

Can a marine get into trouble for having an affair? He wants the woman to have an abortion to avoid alimony and charges from the military.

An affair in the military is a crime and the marine would probably get into a lot of trouble. He would probably have to pay alimony to his wife if they divorce also. If the woman chooses not to have an abortion, the marine will be responsible for the babies needs. He will have to support the baby regardless of whether he is in the military or at a civilian job until the baby turns 18 years old.

Abortions may be the answer for some people, but they should know their legal rights when dealing with military abortion laws. When you have legal doubts, it's always best to seek legal insight from Experts.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11935
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
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2 Military Lawyers are Online Now

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Military Lawyers are online & ready to help you now

P. Simmons
Military Lawyer
Satisfied Customers: 11441
Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Allen M., Esq.
Lawyer
Satisfied Customers: 4035
Lawyer and current JAG officer.
Marsha411JD
Lawyer
Satisfied Customers: 1149
Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

Recent Abortion Questions

  • Please send this question to P. Simmons, thank you. As a follow

    Please send this question to P. Simmons, thank you. As a follow up to the question above, regarding the loss of 2 ranks. Since he went in as a SPC based on his college degree, can the Army take that rank away? He earned that rank based on the BA degree he holds and it doesn't seem right that he will be losing that and pay while others with lesser ranks and the same charges do not and they are still entitled to a free education when they leave. Since the Article, there have been no incidents, no counseling statements and he is even number one in his class. Additionally, he's qualified for Airborne. At this point, his rank and pay have not changed but he has brought it to his Sergeant's attention. Thank you again for all of your help, I greatly appreciate it!
  • I failed two consecutive record PT tests this year and was

    I failed two consecutive record PT tests this year and was given notice that I would be separated if I did not show significant improvement. I passed the next record test and that separation action was halted. I really want to return to civil***** *****fe (you could also give me under the "failure to adapt" label), so my question is would a third record PT test failure increase the odds of being chaptered out of the military after the test, or would I have to fail two more record tests again? I think the rule says two failures and you're out, but they have been much more lenient on that where I am.
  • I have two children with my ex-husband. He has primary custody.

    I have two children with my ex-husband. He has primary custody. I'm getting stationed overseas and want to take the children with me. He wants the kids to have the opportunity but doesn't want to give up custody. I can't get my kids command sponsored unless I have custody. My ex and I are good friends and have been discussing getting remarried so we can all go overseas together. He has always been the stay-at-home parent, so he would be my primary means of childcare. We have lived as roommates in the past, and that worked out well. Because I already have dependents, my pay/allowances don't change. Before I agree to getting remarried, I just want to make sure I won't be violating any rules.
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