Legal Question in Family Law in Washington

Re: Military question

You have the following recourse against a father of your child that is both married and in the military:

1. You can (and should) file a paternity action in Washington State should the jurisdiction be correct.

2. You can contact the military about the father. The Uniform Code of Military Justice forbids the abandonment of family (children) and the father may face military criminal charges for such behavior. He may also face charges for adultery.

Re: Military question

You can not file a parentage action until the child is born. At that point, don't hesitate to call if you want a referral.

Elizabeth Powell

Re: Military question

His children are dependents, you would not be a dependent. He has an obligation to support his dependents, but I would encourage you to carefully consider the consequences if you report this into the military system. Adultery is a criminal act under the UCMJ, and if the father is in jail or loses his job his capacity to pay child support may be adversely affected. (U.S. v. Marcum may suggest that adultery without a military connection is not a crime, but I would advise exercising caution). Additionally, since paternity probably won't be determined until after he deploys the paternity action won't be able to move forward until he gets back from Iraq (Service Members Civil Relief Act puts the case on hold until then unless he consents to allowing the case to move forward in his absence). You may want to consider some other ways to approach this issue that will get your child what he/she may need and minimize certain risks until the Statute of Limitations runs (5 years) when he could publicly acknowledge the relationship with minimal risk.