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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26328
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My son enlisted in the army at 17. His mom and me have joint

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My son enlisted in the army at 17. His mom and me have joint custody but she is custodial parent. His step-dad was abusing him and he moved in with me at 16. The recruiter tried to contact his mother but was unable too. He told me then she had abandoned him and all that would be needed would be my signature.
She has found out he is in boot camp and is trying to get him out. He is only 9 days away from graduating.
Can she get him removed from enlistment?
Submitted: 5 years ago.
Category: Military Law
Expert:  P. Simmons replied 5 years ago.
When will your son turn 18?

Customer: replied 5 years ago.
Oct 2nd
Expert:  P. Simmons replied 5 years ago.
Thanks

Well, she may have enough time to pull him out. Under the law, the Army is required to have custodial parental consent to enlist a minor. But really this will depend on the Army. If they want they can give him a uncharacterized discharge which would allow him to re-enter at 18. Or they can wait and let mom file suit in federal court to try and void the contract. If she is the custodial parent, it is likely this would happen...but its not certain. And if the Army does not do this for her, it will force action (and expense) on her part.

When he turns 18 he can stay in without hitch.


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Customer: replied 5 years ago.
in my divorce papers it says: the parties feel the following custody arrangement is in the best interests of the minor child.the parties share joint legal custody of the minor child. the parties shall approximate as closely as possible a 50/50 shared joint residential arrangement with the child, however, respondent(ex-wife) shall be termed primary residential custodian. does this say she is the custodial parent or that we have joint custody
Expert:  P. Simmons replied 5 years ago.
OK

Sorry for the confusion. This is a bit more complex, since she did not have sole custody. The Army should have gotten her to sign as well. But they did not. This comes down to the Army. If they want, they can keep him. I would bet that if she sues, your release will be enough.


P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26328
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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