Posted on Oct 11, 2016
Do I need court documents if I am PCSing to Hawaii with stepchild whose bio father is not on birth certificate?
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I am in the same boat brother. My stepsons spermdoner wasn't on the birth certificate either and had never been in the picture. You do not need court documents to PCS to HI. He's under your legal care since you are married to the mom. Now if he wants your last name just petition a legal name change until you can fully adopt if you want, it's easier and cheaper.
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SFC(P) (Join to see)
Very good to hear brother, did you need a statement from your wife submitted or anything?
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So, here's the deal:
The spouse is a dependent, because you have a marriage certificate (presumably) that says so.
The child is not, for several reasons:
1. The child was not born during your marriage - if he/she was, it is assumed to be your dependent barring poof to the contrary. A birth certificate needs to be provided to DEERS to make it all legal.
2. The birth certificate does not name a father, so paternity will need to be established.
3. Since you don't want to go there it would seem, that means you need to adopt to make the child your dependent. Then bring the adoption paperwork to DEERS.
4. Since adoption takes quite a while even if the biological father is amenable, that means your stuck with paying for the child's move or hoping to luck out with Space-A.
Problem with that is that the father still has rights unless he's renounced them, so that means visitation and such gets problematic. That's where the divorce decree (or whatever has been legally established)becomes a matter of consequence. Not directly for the Army, but indirectly very much so.
This problem comes up quite a bit. If you went to legal they'd tell you something very similar to what I just did. I recommend you go there so you can walk out with a checklist of what you need to make a decision tree and choose the best option for you and your family.
Good Luck, SFC(P) (Join to see)
The spouse is a dependent, because you have a marriage certificate (presumably) that says so.
The child is not, for several reasons:
1. The child was not born during your marriage - if he/she was, it is assumed to be your dependent barring poof to the contrary. A birth certificate needs to be provided to DEERS to make it all legal.
2. The birth certificate does not name a father, so paternity will need to be established.
3. Since you don't want to go there it would seem, that means you need to adopt to make the child your dependent. Then bring the adoption paperwork to DEERS.
4. Since adoption takes quite a while even if the biological father is amenable, that means your stuck with paying for the child's move or hoping to luck out with Space-A.
Problem with that is that the father still has rights unless he's renounced them, so that means visitation and such gets problematic. That's where the divorce decree (or whatever has been legally established)becomes a matter of consequence. Not directly for the Army, but indirectly very much so.
This problem comes up quite a bit. If you went to legal they'd tell you something very similar to what I just did. I recommend you go there so you can walk out with a checklist of what you need to make a decision tree and choose the best option for you and your family.
Good Luck, SFC(P) (Join to see)
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1SG (Join to see)
SFC(P) (Join to see) - Having read some of what you've posted elsewhere, basically bio dad has as much claim as you do without a paternity test.
I'd encourage you to adopt, if you are willing. Otherwise, this will be a recurring problem and there is always a risk that dad gets all sentimental and wants to reclaim his paternity. If he is not interested in being a father, getting him to sign off on adoption and get off the hook for potential child support.
If you two can be cool about it, a handshake agreement on visitation could work out, in the interests of what is best for the child. That's for you all to figure out together, with mom having the veto vote if it comes to that.
I'd encourage you to adopt, if you are willing. Otherwise, this will be a recurring problem and there is always a risk that dad gets all sentimental and wants to reclaim his paternity. If he is not interested in being a father, getting him to sign off on adoption and get off the hook for potential child support.
If you two can be cool about it, a handshake agreement on visitation could work out, in the interests of what is best for the child. That's for you all to figure out together, with mom having the veto vote if it comes to that.
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SFC(P) (Join to see)
1SG (Join to see) - 1SG, that's the issue, he's giving us pushback. I would love to adopt but we need him to drop parental rights. I know in court we would win due to his drug use and rap sheet. He's currently pending trial in a criminal case. We might try serving him via newspaper ad that he can't respond to because he is in jail...
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1SG (Join to see)
SFC(P) (Join to see) - He's looking for a payday from you, isn't he?
I hate that kind of crap.
More than likely, you'd be able to get a court to strip him of parental rights given the record, especially if any of that wrongdoing involved the child.
I hate that kind of crap.
More than likely, you'd be able to get a court to strip him of parental rights given the record, especially if any of that wrongdoing involved the child.
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SFC(P) (Join to see)
1SG (Join to see) - It wasn't until about 3 months ago where he messaged my wife and asked how our son was doing. It was a one time thing. He just turned 4
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You should have Birth Certificates, Divorce Papers, Adoption papers, marriage certificates, etc WHETHER REQUIRED OR NOT! Better to have & not need than need & not have....
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SFC(P) (Join to see)
We have his. Orthodox certificate and our marriage certificate. She was. Ever married so she does not have a divorce decree or any custody paper. She has always had full custody with the bio father never involved and never paying a dime. She never pursued child support nor do we want it.
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SFC(P) (Join to see)
We have his BC and our marriage cert. they were never married so there is no divorce decree and she has always had 100% custody. He has never paid child support nor has she wanted any from him. He is basically a sperm donor...
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Sgt Wayne Wood
As long as there can be NO DOUBT as to his parentage and your relationship... remember, bureaucrats are people to stupid to survive in the real world... they create problems to build up their sense of self-worth and leave the impression they are needed to solve the problems they create.
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