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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 13680
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I had a daughter shortly after re-enlisting. I am not

Customer Question

I had a daughter shortly after re-enlisting. I am not currently married to the mother which is now my fiends. My fiancé and I were told explicitly that after our baby was born that I could add her as a dependent and move out of the barracks as soon as I got paternity paperwork, birth certificate and social security card and a notarized parenting plan. I have since been authorized to move off post, but am being told that I don't qualify for bag unless my fiancé and I, obtain a court order for primary custody and child support. However, my command can find no regulations to support this claim and everywhere we look says only about a parenting plan signed by us and notarized. We have called the courts here to arrange for such a court order but the court says we can't open a case until we are actually fighting over custody and are separated. They will not open a case on a family that intends to live and raise the child together. They thought we were joking. So now, I'm living in my car and my daughter lives a whole state away and we have no extra money for basic necessities to raise our child. My daughter is now 10 months old and we are stuck in limbo. We don't know what to do
Submitted: 11 months ago.
Category: Military Law
Expert:  P. Simmons replied 11 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

The joint federal travel regulation requires you have court ordered custody before you can obtain BAH.

Have you applied to the court in order to have a custody order issued?