Legal Question in Family Law in Mississippi

Guardian Ship

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.

Asked on 7/14/09, 1:23 pm

1 Answer from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736
0 users found helpful
0 attorneys agreed

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.

Read more
Answered on 7/15/09, 6:19 pm

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Mississippi

Looking for something else?

Get Free Legal Advice

88953 active attorneys ready to answer your legal questions today.

Family Law, Divorce, Child Custody and Adoption Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Rahul Manchanda, Esq.Manchanda Law Office PLLCNew York, NY
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now