Sort of a legal question-paternity question?
Ok i would really appreciate some answers that are true to the best of your knowledge. Lets say you were going to have a baby with someone, and you found out while you were overseas. Youre not in a relationship with this person but if the baby is yours you will do anything to help out but you are not going to be able to be there when the baby is born because youre in the military and youre still overseas. Then you find out this woman who is still pregnant got into some trouble and got arrested. she will probably be in jail byt he time the baby is born and you will be coming back after the fact. you dont want to sign anything until there is a paternity test proving you are the father but you still help her out knowing the possibility that you might not be the father. what will happen to the baby while youre away. will it be put in foster care and what can be done to figure this out without signing anything until youre sure its yours, but without the baby being taken away at the time?
Answers:
First of all this military person needs to get ahold of the military legal aide and start paperwork for a paternity test before the baby is born that way if the mother is still in jail when the baby is born child protetive services knows that their is paternity pending and that the father is overseas. Yes they will put the baby in foster care but if he is the father they will ask him who he wants to take care of the baby while he is overseas and pending a background check they will turn the baby over to them until he returns. Hope this helps.
If he gets a military lawyer to help him then chances are he will get answers and loads of help. They are sharks when it comes to protecting the rights of their military personnel and families!
it will be up to the mother if she is the only one present at the birth
she will also be the only one to sign the birth certificate
(he will need a court order later if it is his child and he wants his name on the cert)
the bottom line is that if the mother goes to jail and the father
is overseas the baby will go to foster care and the father can
might be able to get the child. but you will have to show the court that you can take care of the child.
The baby will probably go to a family member of hers. And if she states that he is the father, then his family can also ask for legal guardianship. He can still ask for the paternity test and if it comes out negative, her family can take the baby in, or the baby will be put up for adoption. If he is the father, then his side of the family will have rights to fight for custody.
I hope this helps. :-)
If she wants the baby to go into his care she needs to nominate him as the legal guardian. Then he has the right to dictate what happens to his child when she's incapacitated.
If she doesn't the child is either put in foster care or given to a family member who is willing and able to take care of the child.
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