Do I need court documents if I am PCSing to Hawaii with stepchild whose bio father is not on birth certificate?

SFC(P) Private RallyPoint Member — Tue, 11 Oct 2016 15:45:22 -0400

Situation: PCSing to Hawaii with stepchild whose bio father is not on birth certificate, child has wife's maiden name. Do I need court documents?

Response by 1SG Private RallyPoint Member made Oct 11 at 2016 4:29 PM

1SG Private RallyPoint Member — Tue, 11 Oct 2016 16:29:49 -0400

Is the BIO Dad still in the picture? If not you might want to think about adopting the child so you can get it enrolled in DEERS.

Response by SSG Carlos Madden made Oct 11 at 2016 4:56 PM

SSG Carlos Madden — Tue, 11 Oct 2016 16:56:04 -0400

Hi SGT, I believe this question has already been asked. Do you have new details?
https://www.rallypoint.com/status-updates/pcsing-to-hawaii-with-stepchild-whose-bio-father-is-not-on-birth-certificate-child-has-wife-s-maiden-name-do-i-need-court-documents

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Response by Sgt Wayne Wood made Oct 11 at 2016 7:00 PM

Sgt Wayne Wood — Tue, 11 Oct 2016 19:00:16 -0400

You should have Birth Certificates, Divorce Papers, Adoption papers, marriage certificates, etc WHETHER REQUIRED OR NOT! Better to have & not need than need & not have....

Response by 1SG Private RallyPoint Member made Oct 11 at 2016 7:15 PM

1SG Private RallyPoint Member — Tue, 11 Oct 2016 19:15:38 -0400

I'm not quite sure I understand what you're asking. Court documents for what?

Response by 1SG Private RallyPoint Member made Oct 11 at 2016 7:59 PM

1SG Private RallyPoint Member — Tue, 11 Oct 2016 19:59:53 -0400

So, here's the deal:
The spouse is a dependent, because you have a marriage certificate (presumably) that says so.
The child is not, for several reasons:
1. The child was not born during your marriage - if he/she was, it is assumed to be your dependent barring poof to the contrary. A birth certificate needs to be provided to DEERS to make it all legal.
2. The birth certificate does not name a father, so paternity will need to be established.
3. Since you don't want to go there it would seem, that means you need to adopt to make the child your dependent. Then bring the adoption paperwork to DEERS.
4. Since adoption takes quite a while even if the biological father is amenable, that means your stuck with paying for the child's move or hoping to luck out with Space-A.

Problem with that is that the father still has rights unless he's renounced them, so that means visitation and such gets problematic. That's where the divorce decree (or whatever has been legally established)becomes a matter of consequence. Not directly for the Army, but indirectly very much so.

This problem comes up quite a bit. If you went to legal they'd tell you something very similar to what I just did. I recommend you go there so you can walk out with a checklist of what you need to make a decision tree and choose the best option for you and your family.
Good Luck, SFC(P) Private RallyPoint Member

Response by PO1 Private RallyPoint Member made Oct 11 at 2016 10:51 PM

PO1 Private RallyPoint Member — Tue, 11 Oct 2016 22:51:21 -0400

I am in the same boat brother. My stepsons spermdoner wasn't on the birth certificate either and had never been in the picture. You do not need court documents to PCS to HI. He's under your legal care since you are married to the mom. Now if he wants your last name just petition a legal name change until you can fully adopt if you want, it's easier and cheaper.