Paternity Rights for Deployed Military Members and Veterans in Rhode Island Family Court

Rhode Island is home to a strong military community, largely centered around Naval Station Newport. Unfortunately, service members face unique challenges when it comes to family law. A common scenario involves a sailor or soldier receiving notice of a paternity lawsuit back home while deployed thousands of miles away. The fear of having a court declare you a father, mandate child support, and garnish your military pay while you are completely unable to attend court is daunting. Thankfully, federal law steps in to protect those who are protecting the country.

How the SCRA Protects Deployed Service Members

The Servicemembers Civil Relief Act (50 U.S.C. § 3932) is a powerful federal law designed to ease the legal and financial burdens on military personnel. In Rhode Island, state courts must adhere strictly to these federal protections. The SCRA ensures that you are not penalized in civil court simply because your military duties prevent you from defending yourself.

Pausing Paternity Proceedings During Deployment

If you are deployed and a mother files a paternity complaint under R.I. Gen. Laws § 15-8.1-104, you can request an automatic stay (pause) of the proceedings. The initial stay under the SCRA is for at least 90 days. To obtain this, you must demonstrate that your current military duties materially affect your ability to appear in court, and you must provide a letter from your commanding officer confirming your deployment dates and inability to take leave.

Establishing Paternity from Overseas via Specialized DNA Testing

Sometimes, a service member wants to establish paternity to ensure their child receives military benefits, even while deployed. You do not always have to wait until you return to Rhode Island to take a DNA test. You can coordinate with AABB-accredited laboratories that have specialized protocols for military personnel. Often, military medical facilities can collect your DNA sample on base and securely ship it to the lab to be compared with the child's sample in Rhode Island.

Protecting Military Benefits from Fraudulent Claims

Unmarried mothers may aggressively pursue paternity to secure Basic Allowance for Housing (BAH), Tricare medical benefits, and a portion of your military paycheck. If you suspect the claim is fraudulent, the SCRA stay is vital. It prevents a Rhode Island judge from entering a default judgment of paternity against you. A default judgment would legally obligate you to provide these military benefits and pay child support until you navigate the difficult process of overturning the order later.

Step-by-Step Process for Military Members in RI

If you are notified of a paternity action in Rhode Island while serving in the military, follow these steps to invoke your federal rights.

Step 1: Consult Military Legal Assistance

Your first stop should be the base legal office. If you are stationed locally, visit the Naval Station Newport Legal Assistance Office, Newport. They can explain your rights under the SCRA and help you draft the necessary letters. However, military lawyers generally cannot represent you in a civilian Family Court trial.

Step 2: File a Motion to Stay Proceedings

You or your retained civilian lawyer must formally request the court to pause the case. Because the Rhode Island Family Court does not provide a standardized preprinted form for an SCRA stay, you will file a formal procedural motion to stay proceedings under 50 U.S.C. § 3932 at the specific court handling your case, such as the Rhode Island Family Court, Newport or the Rhode Island Family Court, Providence. This motion must include the required letters from you and your commanding officer.

Step 3: Retain a Civilian Rhode Island Family Lawyer

Because the stay is temporary, you need a long-term strategy. Browse our US Attorney Directory to find a Rhode Island family lawyer who understands both state parentage laws and military issues. They can attend hearings on your behalf, coordinate DNA testing, and negotiate child support once you are available to participate.

How Much Does it Cost in Newport and RI?

Protecting your rights as a service member requires an understanding of civilian legal costs.

• Military Legal Assistance: Free of charge on base, though their scope of representation is limited.
• Court Filing Fees: Filing a motion to invoke your SCRA rights is generally subject to standard motion fees, roughly $20 to $60.
• AABB Accredited DNA Testing: If coordinated legally, expect to pay between $300 and $500 for the genetic testing.
• Attorney Fees: Retaining a private attorney in Rhode Island for a paternity case generally requires a retainer of $2,000 to $4,000, with hourly rates ranging from $200 to $350.

How Long Does the Process Take?

The SCRA guarantees an initial stay of at least 90 days. If your deployment is extended, your attorney can request additional stays, though granting further delays is at the discretion of the Rhode Island Family Court judge, who will weigh your military duty against the child's need for financial support. Once you return and the stay is lifted, resolving a contested paternity and child support case typically takes 3 to 6 months.

Frequently Asked Questions (FAQ)