My daugther is in the military and has been deployed to Iraq leaving my wife and I guardians for my grandson. The assumed to be father has threatened to take him away from us. Can he do this? They were never married and his name is not on the birth certificate. My grandson is four years old and terrified of this guy. We have the documents showing guardianship and power of attorney.
1 Answer from Attorneys
Re: Guardian Ship
The assumed father is not the presumed father since he was not included in the birth certificate. If he pursues a paternity case, the mother is entitled to protection under the Soldiers and Sailors Civil Relief Act which requires the court to delay the case while the servicemember's ability to defend is materially affected by her military service. See 50 U.S.C. App. §§ 513, 522. An application for stay must meet the following condition:
(A) A letter or other communication setting forth facts stating the manner in which current military duty requirements materially affect the servicemember's ability to appear and stating a date when the servicemember will be available to appear.
(B) A letter or other communication from the servicemember's commanding officer stating that the servicemember's current military duty prevents appearance and that military leave is not authorized for the servicemember at the time of the letter.