Military conduct?

Question

My niece was only married about 3 months, they are both in mid 20's. the problem is he drinks alot and is very controling , they have a 5 week old little girl she has never been sure if he's the father or not, they have since seperated his filed for divorce, he some how talk her sisster into signing an affidavied against her, so the judge in this small town were they live has given him temp. costidia , she has'nt even been able to see her own daugther because it is at his disgersion , he's kicked her out, shut off her phone, took back her car he said the chip went out in his truck. the srs around mullinville,KS have told her thier is nothing they can do. I guess what I'm wanting to know is thier any way to make him get a DNA test, I was also wondering if thier would be anything his militry C.O. could do or should do. I don't know about the rest of you , but I have always thought that if you'r in the militry you would be held to a higher standard. I mean after all you represent the USA.

Answer 1

The good thing here is that the judge only granted temporary custody.

I live in Kanas and am a former member of the military. In Kansas, unless the Mother is proven to be unfit, they are usually granted custody. If your niece has a decent attorney, they should be able to force a paternity test prior to the divorce being final. It is just a simple matter of filing a motion with the court.

In addition, if the husband is in the military on active duty, it is not hard to prove that custody is better suited with the Mother due to the constant deployment and training required by the military that forces him away from home for long periods of time.

A good commander would listen to your niece and if the story is credible, order the soldier to take a paternity test. However, there is no regulation that governs such an order. Most commanders will stay out of the private lives of the soldier unless there is something that causes problems in the performance of their duties.

The military offers free legal advice to soldiers and their spouses through JAG. Contact your local JAG office and set up an appointment and see if they can help.

Answer 2

She can definately cause him ome trouble with the military by nagging his Commanding officer, but the husband has a judgement for custody and the CO wil side with him, in short, she will make things a lot worse by going this route. I suggest that she get a good lawyer, try to discredit her sister's affidavid and prove that he husband is an unfit parent. Proving that her husband is not the biological father would raise questions about her morals which could show her as an unfit mother, so now she has proven that the kid isn't his and now he doesn't want it, and the courts find her an unfit mother, the kid spends it's life in foster homes.

Answer 3

Her best bet is to talk to the JAG or Legal office at the base. I think they can only help one side of a divorce case so if he's talked to them first they may only be able to refer her to someone else. She needs to find legal advice someplace to work out all the other issues including paternity.

There are rights she has to military benefits until the divorce becomes final but she won't find out about them without legal help. Like he may have been wrong in kicking her out if their home is paid for with his BAH. And make sure she doesn't give up her ID until the divorce is final. And there are rights the child will have if he's considered her dad whether they are married or not.

Hey, but being held to a higher standard goes both ways. Military wives need to know for sure who the daddy is and if she doesn't it sounds like both of them have a lot of learning to do before they represent the U.S.

Answer 4

yeah she needs to get a lawyer, go to court , and demand a DNA testing.

Answer 5

I agree.

Answer 6

thats right

Answer 7

it is great!