Sc

What is the name of your state? SC
I am active duty military and have a problem of great magnitude. I am married and have 2 children. Some time ago I committed adultry and the female got pregnant, she is also AD. I told my spouse and have resolved that part of it. I have since gotten a dna test and filed out in town to become the legetimate father and am pushing for part or all custody of the child. The mother is completely uncooperative and is going after money with no visitation, I see the child and it is unkempt and just filthy. the mother also has another child from another AD member and is drawing support for that one as well. The mother did not know if the child was mine or another married AD member that is why I got the test. I am at a loss, if i push the issue hard out in town there is the possibility that it can affect my career and that would not benefit my family or the child. If i let it go then I am not doing right by my child. what should I do?

Lets get some more details:

Your spouse is or is not in the military?

Your rank? The other AD member's rank? You are or are not in the same chain of command?

The other AD member was or was not married at the time?

How old is the child and when was the affair?

Where was the affair carried out? On base? Off base?

When you say adverse to your career, are you talking about an Article 15 or court-martial for adultery, or do you believe your command may take action/shun you for the affair, or both?

More info

My spouse is not in the military.

I am an E-5 and so is the other AD member, we are not in the same immediate chain of command. Different OIC but fall under the same CO.

The other AD member is not married and was not married at the time.

The child is a year old and the afair was around april of 03.

The afair happened on base.

I really don't know, new CO who likes making examples. I automaticly think the worst which would be a discharge, or the lesser, being reduced which would affect my family monitarily as well as end my career when I reach higher ten. So that would be just as bad. I don't know if it would be article 15 or courts martial.

LifeRedfin said:

My spouse is not in the military.

I am an E-5 and so is the other AD member, we are not in the same immediate chain of command. Different OIC but fall under the same CO.

The other AD member is not married and was not married at the time.

The child is a year old and the afair was around april of 03.

The afair happened on base.

I really don't know, new CO who likes making examples. I automaticly think the worst which would be a discharge, or the lesser, being reduced which would affect my family monitarily as well as end my career when I reach higher ten. So that would be just as bad. I don't know if it would be article 15 or courts martial.

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You have some options. One option would be to wait until the statute of limitations would be over (in April 08), and then pursue the matter with the civil courts. But, that wouldn't make me happy about having a kid of mine living in squalor because his mother is a crack whore who is neglecting him.

The commander could 15 you or court martial you for the adultery, but if he does not do so cannot reduce you in rank. He could put the info in a UIF that affects future promotions. He could make your life hell.

If he court martials you, or offers you the 15, it seems to me that there is at least the possibility that the conduct does not constitute a violation under Lawrence v. Texas or U.S. v. Marcum. Not that you want to make yourself the test case -- just that there is a defense.

Then again, the other person also faces potential liability, so it seems to me that she'd have just as much to lose by making this public -- not to mention losing out on less support she'd receive in the long run, due to your lower income earning capacity.

So, my advice, go talk to the Area Defense Counsel about all this. He or she knows the commanders in the locale and can probably better assess this thing than I can. As for the in-town situation, well, if it were me, I'd risk hell or high water to make sure my children were properly cared for, even if it meant risking my career to do so. I say go for it -- but perhaps you may not agree.

I do not see, however, how she can pursue you for support without conceding shared-parenting -- though I'd go for custody in your case.

If he court martials you, or offers you the 15, it seems to me that there is at least the possibility that the conduct does not constitute a violation under Lawrence v. Texas or U.S. v. Marcum. Not that you want to make yourself the test case -- just that there is a defense.

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I did a little reasearch on the case you mentioned, they seem to deal with sodomy not adultry. Am I reading it wrong or is there more to the story?

I am going for full custody, and can only hope that I am awarded it preferebly without the consequence of losing my career. The Statute of limitations is April 08, The other AD member is due to get out in 06, Is there a possibility that once she is out she can come after me for adultry, and how would that affect me? I have the oppertunity to get out in June, I don't want to give up my career but my family is more important, say I go to another branch of service can the adultry carry over?

LifeRedfin said:

I did a little reasearch on the case you mentioned, they seem to deal with sodomy not adultry. Am I reading it wrong or is there more to the story?

I am going for full custody, and can only hope that I am awarded it preferebly without the consequence of losing my career. The Statute of limitations is April 08, The other AD member is due to get out in 06, Is there a possibility that once she is out she can come after me for adultry, and how would that affect me? I have the oppertunity to get out in June, I don't want to give up my career but my family is more important, say I go to another branch of service can the adultry carry over?

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The specific facts of Marcum, and Lawrence v. Texas, deal with sodomy. But broadly, the holdings and reasoning in those cases implicate private consensual sexual encounters -- such as those found in adulterous relationships. Whether you stuck your member in another man's anus or in a woman not your spouse does not change the fact that in those cases you deal with private, consensual sexual encounters. As such, directives have been issued to defense counsel to challenge adultery prosecutions as being violative of the right to privacy as ennunciated by the U.S. Supreme Court in Lawrence, and the Court of Appeals for the Armed Forces in Marcum.

In your case, you deal with a relationship that does not involve your chain of command, and thus do not, as far as I can see, prejudice good order and discipline. Especially where, as here, you were of equal rank, not in the same chain of command, and the other was unmarried and your spouse was not in the military (look at the military specific situation discussion in Marcum, for why I asked all those questions), and where you and your spouse have reconciled. One fact that may work against you, however, is committed the affair on base.

Can there be an attempt to go after you? Sure. Will it be sucessful? I don't think so, given that the prosecutor or base legal office will not likely advise either an Article 15 or court-martial for just that charge -- not in the murky landscape that exists today. But keep your nose clean otherwise.

And yes, if you go into another branch, you can still be court-martialed. Article 3(a) provides that any person currently in a status subject to the UCMJ is under the jurisdiction of the code for any prior period of service.