With so many Americans overseas on active duty now, those left behind encounter various legal problems that cannot be resolved under normal family court procedures.
Mark E. Sullivan, co-chair of the Military Committee, ABA Family Law Section, has put together a good resource for military couples. A Judge’s Guide to the Servicemembers Civil Relief Act , is available on the web site of the American Bar Association.
The Servicemembers Civil Relief Act replaces the Soldiers’ and Sailors’ Civil Relief Act. It appears at 50 U.S.C. App. § 501 et seq. The Judges’ Guide will tell you how judges can decide whom it covers, how it works, and how to administer a case in which a servicemember is involved.
For information about divorce and military families, see Jeanne Hannah's website.
Angel, courts won't just remove a father from the child's birth certificate ad leave the space for legal father blank. The real biological father has to be willing to accept legal and financial responsibility for the child. Usually, this requires court action, and it's usually complicated enough that you'll need a lawyer to help you.
Posted by: q | May 11, 2010 at 06:26 PM
The biological father is not on my sons birth certificate. Im looking to correct the birth certificate by having the non-biologiacal father name removed. My son knows who his biological father is. And the indidvidual on it currently will consent to the omisson for he has not been apart of my sons life for 11 years. How can I correct this!
Posted by: Angel | May 11, 2010 at 12:18 PM
In Michigan, a child is presumed to be the child of the mother's husband as a matter of law. The hospital will automatically put the husband's name on the birth certificate. In addition, if a child is born within 300 days of a divorce, the legal father is automatically the ex-husband.
Posted by: Jeanne M Hannah | March 29, 2010 at 08:46 AM
I was wondering if in the state of michigan can a mother who is leagally married and is fighting with the bio/ father omit the fathers last name on the birth certificate and name the child her madien name? She is married to the father Conserned Gramdma
Posted by: Tracy Hyder | March 28, 2010 at 11:40 PM