Law Office of Roland R. Esparza, P.C.

Call Toll Free888.447.9456

Local Calls210.807.8158

Hablamos Español

View Our Practice Areas

Can you compel a serviceman to take a paternity test?

Given San Antonio’s proximity to several military installations, it may come as little surprise for some to see the many military members involved in romantic relationships with local residents. If you are involved in such a relationship and you end up having a child, then the issue of military benefits comes into play. I you choose not marry the serviceman, and he ultimately disputes the possibility of him being the child’s father, then you may be left of facing the challenge of establishing paternity through the assistance of the military.

The military has a policy which states that it will not directly force a serviceman to undergo a DNA test to determine paternity. You may, however, still find a way to have authorities from the branch of military in which he serves insist that he agree to testing. This is because the military does agree to enforce civilian court orders in most cases. Thus, if you obtain a court order, then his superiors will likely compel him or her to do the test.

Proving paternity through such a route is a hassle to both you and the serviceman with whom you were involved. A better resolution may be to convince him that providing benefits to your child without the need for a court order is the easiest solution for both of you. According to the Office of the Judge Advocate General, this can be done by completing the following three tasks:

  •          Him acknowledging paternity in a written statement.
  •          Him applying for dependency status and a military dependent ID card for your child.
  •          Registering your child in the Defense Eligibility Enrollment Reporting System.

While the information given above should not serve as a substitute for legal advice, it could potentially help avoid a difficult legal battle in establishing your child’s paternity

No Comments

Leave a comment
Comment Information