Can I make my wife Power of Attorney or do I have to give up my custody rights to my ex to go active?

2019-03-13T16:06:17-04:00

I am currently in national guard and have physical custody of my child and his mom sees him during the summer at the moment for the court orders. I am getting married soon and want to go active duty. Am I able to have my wife as Power of Attorney on family care plan or will I have to give my custody rights to my ex? I'm afraid if I go active, my son mom will be able to take him especially when I deploy. This fear has kept me from going active for a long time. Any information will be appreciated.

Response by 1stSgt Private RallyPoint Member made Mar 13 at 2019 4:08 PM

2019-03-13T16:08:41-04:00

That is a question for your lawyer to answer.

Response by SPC Private RallyPoint Member made Mar 13 at 2019 4:12 PM

2019-03-13T16:12:19-04:00

Is there anyway I could find out some info first before I start putting out for a lawyer?

Response by Caitlin Williams made Mar 13 at 2019 4:18 PM

2019-03-13T16:18:33-04:00

You need to see legal counsel first. No one here is probably with JAG etc and can answer that for you. I don’t see how it’ll affect your custody rights though?

Response by Lt Col Charlie Brown made Mar 13 at 2019 4:47 PM

2019-03-13T16:47:23-04:00

As they told you, seek legal advice. You can put your new spouse on the care plan and you should. And she will also need both legal and medical powers of attorney for your son. Otherwise, she will be unable to get him medical care if/when you are gone.

Response by MAJ Ken Landgren made Mar 13 at 2019 4:59 PM

2019-03-13T16:59:29-04:00

Get a Finance POA so your wife can inquire with Finance.

Response by 1SG Private RallyPoint Member made Mar 13 at 2019 7:25 PM

2019-03-13T19:25:10-04:00

A POA allows your agent, the person you've entrusted with the care of your child, the ability to make custodial decisions while your child lives with her. Custody itself can only be transferred through a court proceeding.
The bottom line is that single parents with custody can't enlist. DoD Insruction 1304.26 states the “The Military Services may not enlist …unmarried indivuals with custody of any dependents under the age of 18.” ... This is a non-waiverable requirement.
An AGR position may be an option.

Response by 1SG Private RallyPoint Member made Mar 13 at 2019 7:27 PM

2019-03-13T19:27:23-04:00

Note, once you are married, you are no longer a single parent, so custody isn't an issue. If you are married, you aren't required to have a FCP.