My babys father is in Iraq right now and he denies her. He wouldnt take a paternity test before he left and I am hurting financially. He wont even be back for another 5 months and Im really needing his help now, our baby is already 7 months old!! Someone told me that since the soldiers have their blood taken and stored that I might be able to request having the test done using that. Im having doubts about that though, and was wondering if anyone knew anything about that....
2007-03-19 16:29:55 · 11 answers · asked by angelkisser4u02 2 in Pregnancy & Parenting ➔ Newborn & Baby
I'm assuming you would need a court order to have his blood tested. Otherwise, you need to wait till he gets back.
2007-03-19 16:34:07 · answer #1 · answered by punkin_eater26 6 · 0⤊ 0⤋
The military really frowns on dead beat dads. I would start by contacting what ever branch of the military he is in and file for child support. If he denies the child, the courts will require a paternity test and that will resolve the question. Make sure that when you file that you request payment for all back child support. Once the baby is determined his, you can also have your child support payments drafted straight from his checks so there won't be any waiting for him to mail the check!
2007-03-19 16:40:46 · answer #2 · answered by Carrie T 3 · 4⤊ 0⤋
Your best bet is to apply for Temporary Assistance for Needy Families (TANF). It is a government assistance program you can apply for at your local dept of health and human services. They provide financial assistance. Later, if the guy is found to be the father, he will have to pay the governmetn back for every red cent they gave you. You will not get a dna test while he is in theater. My husband who has been on active duty for 8 years has never heard of blood being taken from him and stored before a deployment. There is blood taken, and tested for disease, but not for the purpose of dna testing. You should have initiated the court process before he deployed. Now, you will have to wait until he returns. There is no court of law that will bring him back from iraq. That means, if you have a court order for him, he is exempt. The only way he is coming out of iraq is in a body bag or some sort of emergency. The previous poster is right on a few points. The army does frown upon dead beat dads, but they also frown upon bitter tag chasing females. Not that you are one, but you dont get what you want when you want it with the army. There is a process and a chain of command. And yes, you can call the inspector general, but they are not going to bring him back from iraq for a dna, nor do they have the authority to produce a court order for his blood. Because you did not file with the attorney general and get him in court before he left, you will have to wiat until he gets back. You are entitled to child support, however he is also entitled to a paternity test. I know here in texas there is no law that will make the guy pay before he is proven to be the father. Alleged fathers have rights to. Yes, if he is the father, he will have to pay for the test. In my opinion, you should go get on tanf and or food stamps and closer to the time he gets back file with the attorney general in your state. It is not necessary to call the Inspector general at this point. The attorney general will bring him to court when he gets back and go from there with paternity testing and child support orders. Good luck to you.
Ok, if you can get a temp order for child support for the so called presumed father, couldnt a woman just pin point any man and say thats the daddy there?? That is the most silly thing i have ever heard. People have rights. The same as yo uhave the right to receive the child support, he has the right to be sure its his child hes supporting. ANd i highly doubt a command sergeant major took the time to converse with you about child support when the guy is at war. That is preposterous. You can tell the poor girl whatever you want, but its not gonna happen while hes in theater. He will not be subpoenaed to court and have to appear while in theater. Climb off your high horse. This is something we call reality.
2007-03-19 17:30:46 · answer #3 · answered by Robin L 2 · 2⤊ 0⤋
As you are not married, your request in this matter would go nowhere, unless you were able to secure a court order, which I highly doubt you'd be able to get.
Are you 100% sure he is the father? What help can he provide you while he is thousands of miles away and several hours ahead of you? You must rely on your family first, and then when he returns, force the issue then. Nothing can be done until he returns.
2007-03-19 16:34:46 · answer #4 · answered by peersignal 3 · 1⤊ 1⤋
I would say no because he is out of the country..,.but ask a lawyer to be sure...you may get stuck waiting until he returns and going to family court to petition for a paternity test and child support.
2007-03-19 16:34:57 · answer #5 · answered by kamsmom 5 · 0⤊ 0⤋
You need a court order for them to use the DNA on file. Infact if you want a DNA test and he is not willing or able to give a sample you still need the court order. So go see an attorney get your order and they will submit the paperwork to his BC and it will be taken care of
2007-03-19 16:34:10 · answer #6 · answered by texas_angel_wattitude 6 · 1⤊ 0⤋
Ok, DNA testing can be done, they draw blood for this very reason before they leave for Iraq. You can either go to the county clerk and they can tell you what lawyer or state lawyer you can use or you can represent yourself. I don't recommend representing yourself, but that is what I am doing and I have done fine. And if you file paternitiy charges against him you can get temporary child support orders in most states until HE can prove otherwise. He has to pay for the test, and he will have to pay childsupport once the child is born. They can get a court order to pull his DNA from the storage facility, but my ex was forced to submit to a whole different company before he left, and we were married. Since he refused to paterinity testing call the IG office that is located at his post. Feel free to e-mail me and I will help you. I delt with trying to get my ex to submit to a DNA test for the last 5 months, and I'm having the baby tomorrow. I know what steps and who to contact to get results even while they are in Iraq. my e-mail is vlbond_007@yahoo.com I hate it when guys do this, and if it gets back to his commanders that he refused a test before he left, he'll get repremanded with atleast an Article 15 because that is making his private life part of his commanders life. My ex got one every week cause I had to call his commanders and complain every week. Sometimes with the military you have to be very persistant to get results.
As for the guy that says he can't do squat from there that's a lie. He'll have plenty he can do since she needs money for her child. And he has no choice if court ordered even with out DNA testing he is presumed the father even if not married until HE can prove other wise and can and will have his wages garnished until proven other wise. My ex tried to pull that crap and I took him to court for temp orders for child support until the DNA test comes out that after a year and 1/2 of faithful marriage and just going off the pill that his daughter is his.
If they don't do the sample, why did my ex-husbands CSM tell me that they would have one through the military and that every member in the unit had to submit to one before leaving whether married or not? I'm sure that I'd listen to a CSM before somebody else. Also in most states you can get temporary orders for child support and he is presummed the father until proven other wise, I know, I have been through this and the court system with in the last month. And yes, he can be served papers while over seas, he is not exempt, certified mail, and you can also serve his POA which must handle his affairs accordingly. I had to have that done with my temp orders for child support and guess what, I'm getting close to 600 a month for it.
2007-03-19 16:51:45 · answer #7 · answered by Victoria B 2 · 2⤊ 1⤋
I think that you would have to get in touch with the Provost Marshal at the base where he was stationed before being deployed. I think that is what the person is called. If you know where he was stationed before being deployed, you can get in touch with his CO at that base. Talk to them and see what you will have to do. I don't know if a civilian lawyer can help, but you can always call and ask one. Good luck.
2007-03-19 17:07:48 · answer #8 · answered by Crystal 5 · 0⤊ 0⤋
well you need a court order for a blood test from him.......and he can not be served any kind of legal papers that would cause undue stress while in a combat zone.......so im guessing your probably gonna have to wait.
2007-03-19 16:41:57 · answer #9 · answered by CRmac 5 · 1⤊ 0⤋
get a lawyer and they'll get a sopena then you'll get the blood
2007-03-19 16:34:44 · answer #10 · answered by squeaker 5 · 0⤊ 0⤋