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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.
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