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  1. #1
    Join Date
    Dec 2011
    Posts
    16

    Unhappy Effect on Custody of Joining the Military

    My question involves a child custody case from the State of: CA

    I am debating joining the military. I reside in NY state and have 50% legal custody and 95% physical custody of my son. That can only change under a "significant change in circumstances" per our custody agreement. If I was to join the service would that put me at risk of losing my son?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: If I Join the Military

    If you are a single parent wanting to enlist in any branch other than the NG or Reserves, it is a requirement that you transfer custody.

    A single parent with custody cannot enlist.

  3. #3
    Join Date
    Dec 2011
    Posts
    16

    Default Re: If I Join the Military

    I have been told that I am allowed to join with one dependent. Does this mean I still have to transfer custody? Also what happens if I was to remarry......do I still lose custody?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: If I Join the Military

    Please read this

    You cannot transfer your custody to your new husband. Dad would be able to obtain temp custody very easily.

    (Out of interest, is there a reason why Dad shouldn't have custody?)

  5. #5
    Join Date
    Dec 2011
    Posts
    16

    Default Re: If I Join the Military

    There's no legal reason no. He gave me the custody I have. The Navy's website says you can enlist as a single parent with no more than 2 dependents but the link you sent me to states otherwise. Is only be joining to support my son so obviously wouldn't want to lose him as a result. I'm guessing there are no loopholes?

  6. #6

    Default Re: If I Join the Military

    The gist is that if supporting a child means LEAVING the child, then you'd be in no different situation than ANY non-custodial parent - meaning that the AVAILABLE parent would (and arguably SHOULD) get custody, and you'd be working to pay child support.

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: If I Join the Military

    Yes, I read the Navy's website, OP.

    I believe they might be seeing a difference between having a "dependent", and having full custody. For example, a NCP is still a single parent technically, and can be seen as having a dependent if he has a child that he's supporting. But he doesn't have full custody. Hence he would likely be able to enlist.

    Have a chat with the recruiter though. Maybe things have changed/are changing (though I doubt it, and I do keep an eye on these things given that my #2 is a single parent in the Reserves).

  8. #8
    Join Date
    Dec 2011
    Posts
    16

    Default Re: Effect on Custody of Joining the Military

    Yeah the only thing that confuses me.is that the Navy's recruiting site says to talk to a recruiter about how you can join as a single parent. Maybe I should just go and talk to them and see what they say......can't hurt.

  9. #9
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Effect on Custody of Joining the Military

    Certainly can't hurt to go have a chat with them, nope

    You do understand their point of view though, right? What happens if you're deployed? Dad's going to get kiddo anyway for that time, isn't he?

  10. #10
    Join Date
    Dec 2011
    Posts
    16

    Default Re: Effect on Custody of Joining the Military

    Dad would only get him if I have to give him. Right now he only has visitation so not sure if that would change

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