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I'm thinking of joining the army national guard, am a single…

Hi, I'm thinking of...

Hi, I'm thinking of joining the army national guard, am a single parent and share 50/50 custody with the children's father. my recruiter says I can grant a power of attorney for my portion of the time to my parents (children's grandparents). can I do this without the father's consent? it would only be for the 10 weeks of basic training.

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

CA, nothing has been filed.

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

I haven't since I haven't yet applied but I'm looking to apply to the Army National Guard, my recruiter and I are going to discuss other details tomorrow but I'm scared he's not being 100% honest or things aren't as easy as he presents them to be.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that my children's father is mean (haha)...I want to be protected...

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Answered in 1 minute by:
3/8/2018
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,578
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Only the court can modify custody...so you can not modify a current court order with a POA. That is not possible.

If the father is OK with this? YOu will have no worries.
But if the father disagrees? They could go to court and ask the court to modify the order (to give them sole custody while you are in training)

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 1 month ago
The current custody order says my parents or his parents can pick up the children during our (my and the father's) custodial time. And since my parents live with me, does this change anything? I just want the custody arrangement to stay the same, but I will not be physically there for 10 weeks.

The BEST way to approach this is you hire a lawyer, file a request with the court to issue a temporary custody order that allows your parents to have your time while in training. This way, you do not have to worry about what dad does while you are gone.

If you do not get a temporary order issued...and you leave? Dad can head to court and the court will give him custody.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 1 month ago
Can the military request the temporary order on my behalf through their legal department before I sign anything with them, in this case the army national guard?
Customer reply replied 1 month ago
when you say the court can give him custody, that would only be temporary until I come back, correct?

No...no way. The military will NOT get involved in this...you have to resolve this yourself. The military has no authority to engage on this matter...it is a civil matter, for the family court.

And if you leave without a temp order? And he gets one? You will need to hire a lawyer to get custody back...may as well hire that lawyer up front...

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,578
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
P. Simmons and 87 other Military Law Specialists are ready to help you
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Customer reply replied 1 month ago
Ok, thanks so much for your answers.

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

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