Military and Family law


#1

Good afternoon. I have a family member who is pregnant and the father is going into the military. While she’s not due for a while, I’m trying to seek information so that she doesn’t do anything to hurt a case she may have later. I have just a couple of preliminary questions.

  1. If she doesn’t list the father on the birth certificate, does he still have the same rights to come pick up the child whenever he wants, or without notification, the way he could if he was listed?

  2. If the father signs over his rights would that make it so that the mother has no rights to any type of child support/

  3. Does the fact that the father is going into the military present any unique variables into this situation?

I appreciate any help you could provide. I was referred to you by another prominent law firm in the Raleigh area.

Kind regards,
S.B


#2
  1. As long as the father is the biological father then he will have full parental rights and could pick up the child. Even if the mother left the father off the birth certificate, the father could sue the mother for custody/visitation and the father’s name would likely eventually be added to the birth certificate.

  2. The father cannot “sign over” his rights. The only way a parent’s parental rights can be terminated is by a court proceeding and a court order.

  3. With the father being in the military, he may have to provide documentation to the military that his child has a primary custodian during the time of deployment in the event he is deployed. Otherwise, a custody case would proceed as normal and custody and visitation would be subject to his work schedule/military duties. That is of course assuming the father were to file a lawsuit against the mother for custody/visitation.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

The good thing to look at here concerning the father…if he goes into the military and the child is listed as his then that child is covered under Tricare insurance, the military will also see to it that the child is supported