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Paternity Laws in the Military

Paternity testing is an important tool in determining a child's lineage. Usually, paternity is used in an attempt to gain child support from a father, but can be an extremely useful tool in the event of medical requirements for an ill child. It is important to understand paternity laws and how they may affect you. The lack of awareness of the provisions of the law could lead to questions about paternity, much like the ones answered below.

Can a commander order a paternity test on a single mother in the military?

As far as the commander having the authority to order the test, it is very possible. It is possible that you could choose to argue the order and face possible prosecution from the command, however if you lose your case and the military is given the authority to demand a paternity test, you may face more difficulty. Also, if you refuse to take the paternity test, your command could decide to process you for administrative separation. As far as the commander having the authority to order the test, it is very possible.

How can a person find the father of their baby and gain child support? The father is a Marine.

Usually, all you would have to do is contact the Marine Corps and request the marines address. You may want to try and come to an agreement with the marine at first. If you can agree on a fair support plan and he acknowledges the child, this will be the best route. However, if he refuses to cooperate, you can take him to court and have paternity determined. Once you have established paternity, you can try to get a child support order and you can receive the payment through the military pay system.

If a person needs a DNA sample to prove paternity, will the military provide one if the soldier is deceased?

You will need to get a court order to receive a DNA sample from the Army. Usually, the only people who can request a DNA sample is for the purpose of identifying the remains of a soldier. The Army prohibits access to DNA samples for the purpose of paternity. However, if you need DNA, maybe you could contact the soldier's family and get a DNA sample from one of his siblings.

If a soldier says that he won't support a child until he has a paternity test done, how can you get the test completed when the soldier is deployed?

If you are not married to the soldier, you can seek the assistance of your county child services office once the child is born. Child services will work on getting a paternity test from the soldier. If the test proves that the soldier is the father, he will be responsible to pay child support until the child is 18 years old.

How can a soldier get a paternity test from a woman who supposedly had his child?

The first step is to contact your Legal Assistance Office and speak to a clerk who can direct you on how to reach the FOB assistance office. You will also need to arrange for a paternity test through the CPS to verify that the child is yours. After you have established paternity, you can arrange child support for the baby as well as possible military allowances.

The determination of paternity is important for many reasons. Many people cringe at the thought of having to go through a possible drawn out ordeal when dealing with paternity issues. Not all situations are the same and you need to be aware of paternity law as it applies in the military. When you are not sure of your rights, it's always best to have an Expert review your situation and provide you with legal insight.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11980
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
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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 Paternity Questions

  • I was in a military university and was falsely accused of drug

    I was in a military university and was falsely accused of drug diversion. Drug test neg; here's part of my complaint: 1) I am a naval officer - security guards take all the items from my locker in plain view of my peers and subordinates. Not to mention, they also confiscate my prescribed medication, clearly labeled in its container. I told them "that's my prescribed medication - they said "we don't care," That my friend is theft', also it was a class II idler for medication which requires strict accountability. I have a letter from the Pharmacist stating that he was unaware how many pills security submitted to him.
    I was cleared and returned to work
    I was unable to obtain an appt with medical' so I asked if I could email my provider for. Refill. They said ok what I didn't know was that he was out on paternity leave, so he never responded.
    I went to discuss this with my instructor and he was very surprised. He even asked if Jen knew (she was my lead instructor. I said yes, she knows and right then she entered the office. Cdr couture said to Jen, hey did you know mike hasn't been on his meds? She said "yeah, it's a bunch of crap and an excuse,"
    After this, my instructor called me into her office and belittled me by stating that she didn't know why I was fighting my dismissal because nobody else wanted me there.
    I had an academic board a week later and the board was misled and it was obviously biased and set on having me removed from my program.
    I then went to Navy legal amd when cdr mcpherson found out, she called me into her office and threatened me (which I have on tape). I continued through the appeal process, but each subsequent person just agreed with the prior recommendation and I was ultimately dismissed. Prior to my dismissal, I was threatened again by cdr mcpherson and contacted my program director and told him everything.
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  • Question. I have committed adultery and been looking throughout

    Question. I have committed adultery and been looking throughout google/ask/etc. about military adultery Art. 134. My scenario is different due to admitting element 1 and possibly element 2. Im a navy male, married w/ stepson not adopted, recently had an affair with a single civilian female (non affiliated with military/spouse) which is now pregnant. Wife knows EVERYTHING and we are working it out our marriage. The female knows this and could potentially contact command. I know paternity testing and everything will need to come afterwards for proof, but what kind of punishment do you think I will receive if i notify my chain of command now rather than later if she (mistress) decides to contact? and do i fall under HARSH penalties. What ive read is that it will be wise to notify and it will show good faith and not get in serious trouble since Art. 15 is possible... help?!
  • GA-RP I cant pay for an attorney at present but i need help. I&#

    I can't pay for an attorney at present but i need help. I've copied and pasted what i've previously typed out. Apologies if it's at all difficult to read and thank you in advance.

    I served in the USMC for 6 years. My first enlistment was with 3/6 where i deployed 2 times and reached the rank of Sergeant at 3 1/2 years of
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    During this period, I was sent to 6th Regiment for TAD. Immediately, I was sent back to 3/9 and suspected of UA while in 6th Regiment.
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    3 months later my wife and I was expecting a child and requested paternity leave and was approved. 3 days into it, the BN XO denied it and
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    As far as the rest, Some time after leave they started calling me a melingerer and began really treating me like a criminal.
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    While this was going on, the Guaranteed review for heroes act was passed. HR-117 i believe. From my understanding, My command actually violated
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    What steps should I take to get this injustice fixed? If congress isn't even going to help, where can I turn for assistance or guidance in
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