Expert: Rod Powers - 11/29/2006

Question
My boyfriend found out a few months ago that an ex (who happened to be in the army)of his was pregnant with his child and was due in September. He would like to get full custody of the child but he can't get a hold of her.  Apparently she went AWOL months before she got pregnant and moved to Iowa with her current boyfriend (I would also like to mention that when she went AWOL it was said that she got into drugs).  Now that my long story is told, these are my questions:

1. What are the consequences of being AWOL for so long?
2. Does the hospital check her records and would it be known that she went AWOL; and do they check her system for drugs?
3. If she happens to get caught for being AWOL or having drugs in her system what happens to the baby?
4. Does my boyfriend have a chance at winning the custody battle based on the fact that she went AWOL?

I'm sorry for asking so many questions, and I'm aware that you might not know the answer to the drug part of the questions, but my boyfriend and I are deeply concerned for the baby.

Ashley  

Answer
Hi Ashley,

You're making the (very common) mistake of confusing criminal law with civil law. The Military has nothing to do with civil law procedures, such as custody of children. Let me repeat that, just so it's very clear: WHAT HAPPENS WITH CHILD CUSTODY IS UP TO A STATE FAMILY COURT, NOT THE MILITARY. NEVER THE MILITARY.

Okay, let's take your questions one at a time:

>>1. What are the consequences of being AWOL for so long?<<

AWOL (Absent Without Leave) is a criminal offense in the military, under Article 86 of the Uniform Code of Military Justice (UCMJ) (See: http://usmilitary.about.com/library/milinfo/mcm/bl86.htm).

Depending on the circumstances, and whether or not the military felt the individual intended to return, or remain away permanently, it could be a violation of "Desertion," under Article 85, which has more serious possible consequences (see: http://usmilitary.about.com/library/milinfo/mcm/bl85.htm).

However, in civilian life, when someone is arrested for a crime, it's up to the DA (District Attorney) to decide how/whether or not to prosecute a case. In the military, it's up to the commanding officer. The commander makes a decision based on several individual factors, including the exact circumstances surrounding the offense, and the previous service record of the accused. Depending on all the factors, the commander could impose Article 15 punishment (http://usmilitary.about.com/od/justicelawlegislation/a/article15.htm), discharge (http://usmilitary.about.com/od/justicelawlegislation/l/aadischarge1.htm), and/or refer the matter to court-martial (http://usmilitary.about.com/od/justicelawlegislation/l/aacmartial1.htm). It's all up to the individual commander, just as (in civilian life), it's up to the District Attorney on how to handle criminal cases.

>>2. Does the hospital check her records and would it be known that she went AWOL; and do they check her system for drugs?<<

Probably not. If she is AWOL over 30 days, a warrant is issued for her arrest, and is part of all of the law enforcement databases. In other words, if a police officer runs her name for warrants, it would come up. However (and remember, this is not a military matter, so I may be wrong -- I don't believe hospitals runs patients names for open warrants).

>>3. If she happens to get caught for being AWOL or having drugs in her system what happens to the baby?<<

If she is arrested for anything (whether AWOL or drugs), what happens to the baby is completely up to the individual state. It has *nothing* to do with the military.

>>4. Does my boyfriend have a chance at winning the custody battle based on the fact that she went AWOL?<<

Again, the military has *NOTHING* to do with child custody. Any/all custody matters would be resolved by a family court in the individual state.

Hope this helps!

Rod Powers
http://usmilitary.about.com