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Military abortion is a stressful thing. It can cause stress to a member of the military who is already under extreme stress. Laws relating to this can be confusing to someone who has not dealt with the military. Listed below are some of the most common asked questions related to military abortion law. Can a person be forced to take a pregnancy test by the chain of command after having an abortion? The person is accused of lying to command regarding the timing of abortion and facing prosecution under Art 15.
Most probably the commander was not within the legal right in ordering a pregnancy test. However, it could be that there were some pressing reasons for that. The accused ought to have had legal representation in such a scenario, and may go to Trial Defense Service and explain the story. The accused should focus on the Art 15 and hopefully TDS will assist with the crisis. If a married soldier’s wife is ok with his having an affair with a woman and if the woman has had an abortion, can the military charge the soldier?
As per law, it matters little whether your wife is comfortable with your relationship with that woman. What matters is that you have violated military law. However, your wife’s consent might be a mitigating factor so far as the offence is concerned and the command may desist from taking further action. If your command does proceed it will be on the basis of Article 134. Under such circumstances you are entitled to have legal representation before you are to make any submission or statement to anyone. Can a soldier have the custody of a baby when the couple isn’t married? He is threatening the mother to either have an abortion or he would take the baby if she has it.
Usually in the case of an unmarried couple if the birth certificate bears the father’s name, he does have the right over the child. However, this is not to imply that the father can take the baby away from the mother. Usually, if only it is proved that the mother is neglectful and abusive, only then can the mother lose the custody of the child. The courts generally don’t remove a child without considering what is best for the child. What rights does a military wife have if her husband has an affair and the woman has an abortion, now the husband wants a divorce?
While you can make the divorce process difficult for your husband by not cooperating with him, you can do precious little to stop him from divorcing you. If you inform your husband’s command about this they might order an investigation and prosecute if necessary, since adultery is illegal in the defense services. Before informing his command you need to weigh the pros and cons of the financial implications that might affect both of you. Once prosecuted, his job will be gone and he will lose his retirement benefit. So, you have to take a call based on how much you want him to pay for his misdeeds. Can having an affair lead to any trouble for a marine? The marine is also urging the woman to have an abortion to avoid paying alimony and getting charged by the military.
Having an affair in the military is a criminal offence. He is likely to get into big trouble. Even if he divorces his wife he would probably have to pay alimony. If the woman does not abort the child he will be responsible for the maintenances of the child. He will need to pay for the upkeep of the child until he / she attains adulthood irrespective of the child being in civilian or military job. Abortion is sometimes the best option for some people. However, it is necessary to know the legal rights while dealing with military abortion laws. If confusion arises it is advisable to ask a military lawyer to choose the right course of action.
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