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Can You Get Custody Orders Amended for the Military

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  • 01-31-2017, 08:57 AM
    katka83
    Can You Get Custody Orders Amended for the Military
    My question involves a child custody case from the State of: Texas.

    A quick breakdown:
    Jan 8 16 my niece and nephew were placed into foster care.
    Jun 29 16 judge orders weekend visitations for myself and husband, until home study complete
    Jul 8 16 children are put into a kinship placement with us
    Oct 26 16 at permanency hearing judge grants us joint sole custody and state pulls out
    After court orders went through they had to be amended because of misspelling of names. So final amended orders come through the beginning of December and we submitted the paper work to have the children listed as secondary dependents (my husband is in the air force) which would entitle them to insurance benefits through the military. The state of Texas dropped their medicaid after the ruling, so it is essential for us to get the children insured since one of them has a medical condition that requires pricey medications which we've been paying out the pocket for. We received a decision from DFAS yesterday that they could not declare the children his dependents without amended court orders giving a specific length of time for custody in order to insure that the children would be in our care for at least 12 months.

    Is getting custodial orders amended for this reason even possible? TIA
  • 01-31-2017, 09:51 AM
    qwaspolk69
    Re: Getting Amended Orders for Military
    Quote:

    Quoting katka83
    View Post
    My question involves a child custody case from the State of: Texas.

    A quick breakdown:
    Jan 8 16 my niece and nephew were placed into foster care.
    Jun 29 16 judge orders weekend visitations for myself and husband, until home study complete
    Jul 8 16 children are put into a kinship placement with us
    Oct 26 16 at permanency hearing judge grants us joint sole custody and state pulls out
    After court orders went through they had to be amended because of misspelling of names. So final amended orders come through the beginning of December and we submitted the paper work to have the children listed as secondary dependents (my husband is in the air force) which would entitle them to insurance benefits through the military. The state of Texas dropped their medicaid after the ruling, so it is essential for us to get the children insured since one of them has a medical condition that requires pricey medications which we've been paying out the pocket for. We received a decision from DFAS yesterday that they could not declare the children his dependents without amended court orders giving a specific length of time for custody in order to insure that the children would be in our care for at least 12 months.

    Is getting custodial orders amended for this reason even possible? TIA

    What is joint sole custody? Do you have joint legal and physical with the parents or do you have sole legal and physical?

    Well what else are you going to do? If DFAS says they won't allow them to be dependents then they won't. If the policy is 12 months to be covered as dependents then that's what it is. Although I wasn't aware that went through DFAS. I thought it all went into DEERS and then DFAS and TRICARE pull from DEERS.

    I'm active duty. I have a daughter with serious medical issues so I know how important TRICARE is with dependents. She does get Medicaid too though because she's on an aged & disabled waiver (in Nebraska though).

    All you can do is ask the court if they can amend it with a time of custody and see what they say.
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