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10-25-2008, 12:52 PM
| | Junior Member | | Join Date: Oct 2008
Posts: 13
| | | military id card
What is the name of your state (florida)
my husband may have 16 years old daughter that he just found out.the mom of the kid is abuot to go to court for military benefits..if they proove it is his kid does he have to give her id card ?? is there anyway he can stop her having military id card ?What is the name of your state (only U.S. law)? |
10-25-2008, 01:08 PM
| | Member | | Join Date: Aug 2007 Location: California - South
Posts: 326
| | | If benefits are granted they will be for the daughter only, nobody else
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10-25-2008, 01:55 PM
| | Senior Member | | Join Date: Apr 2007 Location: Somewhere over the rainbow
Posts: 6,080
| | Why would you want to PREVENT the child from having military benefits?? 
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CC's rule of life #1.2:
Parents: If you give your children the opportunity to learn how to live without you, don't be mad years from now when they do. In order to have a relationship with your children, you have to stay INVOLVED with your children. At all costs, even if it makes the CP or your kids mad. |
10-25-2008, 04:21 PM
| | Junior Member | | Join Date: Oct 2008
Posts: 13
| | | it is complicated
my husband had a onenight stand 16,5 years ago before he was even 18..then she said it is not his and she dated other guy and put his name on the birth certificate..until now she never contacted..then the guy on the birth cetificate got in to prison..and she has another kid frorm another guy..and in august they broke up and she found out my husband is in the military and i am md..she is tried to get contact but we didnt let her..we think it is too late she shouls have done 16 yeasr before..and she wants military benefit..but we dont want relation with her..we dont want her in our life..her mom is abuot to go to court..if she prooves with dna kid is my husband is there anyway he can officially do abuot keeping her away from military??
(if she gets military id card she will always abuse this to bother me and my husband) they are already really relly botherin sendin us horrible messages.. |
10-25-2008, 04:29 PM
| | Senior Member | | Join Date: Aug 2007 Location: Florida
Posts: 4,873
| | | has this OTHER guy been adjudicated by a court of law to be DAD? He appears on the birth certificate. Was there ever a court order for child support/ parenting time/ custody?
__________________ If you don't like something, change it. If you can't change it, change your attitude. Don't complain. Maya Angelou |
10-25-2008, 09:36 PM
| | Member | | Join Date: Mar 2005
Posts: 643
| | | Get a lawyer, and fast. Generally speaking, a suit to establish paternity can be filed for up to 18 years after birth (IIRC there is a US supreme court decision on this). However, there are a list of other possible circumstances, for example did the child have a "presumed father"? At any rate, you need good legal advice because not only can you be held responsible for support, you can be made to pay *retroactive* support -- and for 16 years that can add up. In addition, if the child has ever received government benefits the state government may come after you to repay them.
More specifically about a military ID, if a court determines that your husband (in the miltary) is the father, and determines that the daughter should get benefits and she qualifies under military regs as a 'dependant, then your husband will be court ordered to take the appropriate action. [ to get a dependant ID the servicemember normally has to do some paperwork, etc. ]. She'll get an ID card. Now, I suppose that you could get a restraining order to keep her away from you personally and your house. The mother won't get an ID card, but she would probably be able to get on base so her daughter can use the benefits (and the daughter can probably sign her on).  |
10-26-2008, 03:23 AM
| | Junior Member | | Join Date: Oct 2008
Posts: 13
| | | thanks for the replies
as far as i know the guy in the prison signed birth certification..does it make him presumed dad ?? as we think she even got child support from government or her new husband took legal responbilities of her but we dont know for sure 
and the child lives 8 hours away from us..from the base mu husband is working..does it help us ?? |
10-26-2008, 03:38 AM
| | Junior Member | | Join Date: Oct 2008
Posts: 13
| | | does it make any differences that he was 17 when she got pregnant..but she was 19..is it gonna help us at the court ?? |
10-26-2008, 07:46 PM
| | Junior Member | | Join Date: Jul 2008 Location: pennsylvania
Posts: 29
| | | From what I understand, if the mother was LEGALLY married to someone else, the husband is and always will be considered the father. The father on the birth certificate has 3 years to object and then it's over. I've been through this a million times. |
10-26-2008, 07:53 PM
| | Senior Member | | Join Date: Apr 2007 Location: Somewhere over the rainbow
Posts: 6,080
| | Quote:
Originally Posted by Raine19  From what I understand, if the mother was LEGALLY married to someone else, the husband is and always will be considered the father. The father on the birth certificate has 3 years to object and then it's over. I've been through this a million times. | Then you don't understand well, because every state allows for the disestablishment of paternity, even when mom was married to someone else.
__________________
CC's rule of life #1.2:
Parents: If you give your children the opportunity to learn how to live without you, don't be mad years from now when they do. In order to have a relationship with your children, you have to stay INVOLVED with your children. At all costs, even if it makes the CP or your kids mad. | |
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