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I have a dependent which I put it on my deers, I have a son…

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I have a dependent which...
I have a dependent which I put it on my deers, I have a son but I'm not married, all my nco/s said I should be getting bah, I want to finance bt they said I need custody, I don't knw how to do that cz we are still together, I all have my papers like lease and everything but do I still need custody? I just talked to the private in finanve office here in Humphreys korea. so I don't know how to get it because I'm here in korea
Submitted: 8 months ago.Category: Military Law
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Answered in 1 hour by:
9/17/2017
Military Lawyer: Law Educator, Esq., Attorney replied 8 months ago
Law Educator, Esq.
Category: Military Law
Satisfied Customers: 124,358
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Military Lawyer: Law Educator, Esq., Attorney replied 8 months ago

You should be getting BAH based on having dependent child, but to do that you need a court ordered custody agreement stating you are custodial parent (in your case shared custody with the other parent, since you are living together). I would suggest you go to JAG and they can help you get a shared custody agreement written by them which would state that you and other parent are sharing the custody of the child and that the child is residing with you. Both you and the other parent sign it and have it notarized and JAG will make sure you have what you need to present to them to get your BAH.

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Customer reply replied 8 months ago
But can i still get it if im here deployed in Korea for a year I am unaccompanied
Military Lawyer: Law Educator, Esq., Attorney replied 8 months ago

Sorry, I misunderstood your situation, but as long as there is a custody order or agreement showing you and the other parent share custody of the child you should receive BAH and JAG should be able to assist you getting that done.

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Customer reply replied 8 months ago
Is that hard to get? The custody?
Military Lawyer: Law Educator, Esq., Attorney replied 8 months ago

Thank you for your reply.

It depends on the other parent. If the other parent agrees to grant you shared custody, it is not hard, but if the other parent objects it could take quite some time in court.

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Military Lawyer: Law Educator, Esq., Attorney replied 8 months ago

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Category: Military Law
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