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Man filed for military divorce; seeks custody of wife's child

Marriage is never an easy proposition even under the best circumstances. When a marriage involves both distance -- as is often the case with active duty service members -- and deception, these factors may lead to the need to file for a military divorce. Those residing in California may seek more information if they find themselves in this situation.

Recently, one active duty member found himself in the untenable position of discovering that the child his wife was expecting was not his biological baby. Even though he was aware of the fact that he was not the father, he stated his intentions of raising the baby as his own. In time, the mother went into labor and checked into a local hospital.

At some point, the soldier was told through a phone call from his sister that the baby did not survive the labor. The man was devastated by the news. In a weird twist, a couple who was traveling near the former wife's location was stopped for a traffic violation, during which time it was discovered that they were with a baby who was not their own. They volunteered the information that the infant was the biological child of the soldier's former wife.

The mother had reportedly entered into an agreement for the couple to take the child for their own, though supposedly there was no money exchanged. The soldier has since announced his intentions to seek custody of the baby who is currently residing with a foster family. The vast majority of cases will not involve such duplicity, though each situation is unique and requires an individual approach. California residents who are either in the service or are married to a service member likely have many concerns about obtaining a military divorce. An attorney who is well-versed in military regulations, as well as the state's divorce laws, can provide assistance throughout the process.

Source:, "Soldier Fights for Custody of Son After Being Told Baby Died", Kathleen Joyce, May 18, 2018

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