Military Law

Have military law questions? Ask a military lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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...

Show More
Show Less
Ask Your Own Military Law Question
Answered in 1 minute by:
3/8/2018
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,483
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Ask Your Own Military Law Question

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.

Ask Your Own Military Law Question
Customer reply replied 4 months 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.

Ask Your Own Military Law Question
Customer reply replied 4 months 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 4 months 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: 37,483
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
Ask your own question now
Customer reply replied 4 months ago
Ok, thanks so much for your answers.

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

Ask Your Own Military Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a military lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,483
37,483 Satisfied Customers
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

37,483 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

5,454 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,926 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
I just have a question about how I get out of the National
I just have a question about how I get out of the National Guard. I commissioned last year and I want to go active duty. I missed the call to active duty program due to this. I just want to get discha… read more
Robert L
Robert L
Juris Doctor
222 satisfied customers
I have a question regarding a failure to report to basic
Hi, I have a question regarding a failure to report to basic training. … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
37,483 satisfied customers
I wish to re-enlist in the Army. I was discharged during
I wish to re-enlist in the Army. I was discharged during Basic Training with an RE-Code 3, Separation Code JFW 2 years ago for depression. I have not had any issues with depression since. I was told m… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,926 satisfied customers
I am single, with no dependents. I am a prior service E5,
I am single, with no dependents. I am a prior service E5, who signed a six year contract for a 35N MOS and signup bonus. I finally got my school date and TS clearance but now I am being told by my uni… read more
Peter Griesch
Peter Griesch
264 satisfied customers
I need help in going about this. I enlisted in the CA Army
I need help in going about this. I enlisted in the CA Army National Guard in Dec 2009. I was a single mom and I signed a waiver for my mother to take care of my daughter while I was gone. My mom was d… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
37,483 satisfied customers
My son recently joined the National Guard and currently going
My son recently joined the National Guard and currently going through basic training. We received a letter from him saying his depression has set in and is causing his ulcers to also come back. He has… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
My question requires knowledge in military law. My son recieved
My question requires knowledge in military law. My son recieved an ELS with a honorable discharged including these codes: RE-2C and JDT from the Air Force. He went to speak to an army recruiter who to… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
37,483 satisfied customers
I was a dumb kid and made alot of mistakes resulting in a criminal
I was a dumb kid and made alot of mistakes resulting in a criminal record. I have been incident free for 10 years as well a upstanding citizen and father. Is there anyone i can appeal to in order to a… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
37,483 satisfied customers
We have a tenant who recently left the state and joined the
We have a tenant who recently left the state and joined the Army Guard (contract date: 2/25/11). She is on a lease with two other tenants (in a 3-bdrm apartment) which doesn't expire until 8/20/11. He… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
37,483 satisfied customers
I want to get back into the service but the air force has a
I want to get back into the service but the air force has a block on my code. I was young when I joined and drank with my friends when I was told not to. I had my discharge changed from general to hon… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,454 satisfied customers
I am a recruiter. I called a hot lead (someone looking for
I am a recruiter. I called a hot lead (someone looking for information on the Army) I identified my self and said (Is So and so there this is SGT ...... an Army reserve recruiter. The phone was handed… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
37,483 satisfied customers
Can my son join the Army if he had a felony conviction without
Can my son join the Army if he had a felony conviction without a finding. He is done with his probation.… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,454 satisfied customers
My brother is interested in joining the military, specifically
My brother is interested in joining the military, specifically the Coast Guard (but possibly another branch)...however, he is about to be sentenced for receiving two DUI's last year. He obviously does… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,454 satisfied customers
on nov 20 of 2001 i pleAD guilty of domestic assult can i
on nov 20 of 2001 i pleAD guilty of domestic assult can i join the army or the national guard can i get a wavier or can i some how go back to court and and get my rights back or did i just runion my l… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,454 satisfied customers
I enlisted in the delayed enlistment program with the national
I enlisted in the delayed enlistment program with the national guard when I was seventeen, and went through my 9 week BCT but never went to AIT the following summer. I suffered severe depression and c… read more
PhilCave
PhilCave
Attorney
Post-Doctoral Degree
1,069 satisfied customers
I have a one year old son. I want to join active duty army.
I have a one year old son. I want to join active duty army. Is there an inexpensive way to do this as I'm told I have to sign my son over to my parents.… read more
PhilCave
PhilCave
Attorney
Post-Doctoral Degree
1,069 satisfied customers
prior service soldier, trying to reenlist. divorced with joint
prior service soldier, trying to reenlist. divorced with joint custody. was denied reenlistment because of joint custody. how can this be resolved without giving up custody?… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
37,483 satisfied customers
I retired as a jr officer from the Army National Guard and
I retired as a jr officer from the Army National Guard and have recently been contacted about rejoining the reserves. Unfortunately, in 2001 when I was still in the guard, I got a DUI. My trial was de… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
37,483 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x