Reserves, deployment & single parent custody

[Proserpina]

What is the name of your state (only U.S. law)? WA

I know we generally don't like third-party questions, but I'd really appreciate if someone could enlighten me a bit on behalf of my niece who literally has no access to the 'net.

She is currently the single parent of a four year old and has been in the Reserves for almost 2 years. She was never married to her son's father although his name is on the birth certificate. There are no court orders in place at all.

Niecey wants me to be her son's guardian or custodian not only while she's deployed, but permanently should she die.

Sooo...my questions:

Can niece go from reservist to being deployed and retain custody while "giving" me guardianship without involving the father at all?

Can she even be deployed without transferring custody?

Is there actually a difference between "going active duty" and "being in a reserve unit which is then deployed"? She thinks there is a difference and that the difference would enable her to transfer custody without involving the father at all. I can't seem to find a clear answer.

Would the father even be considered?

(frankly, even though I'd much prefer kiddo was with me, I honestly don't feel that the father should lose out just because he and my niece are no longer together.)

Many many thanks!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[SimplyMom]

What is the name of your state (only U.S. law)? WA

Sooo...my questions:

Can niece go from reservist to being deployed and retain custody while "giving" me guardianship without involving the father at all?

Can she even be deployed without transferring custody?

Is there actually a difference between "going active duty" and "being in a reserve unit which is then deployed"? She thinks there is a difference and that the difference would enable her to transfer custody without involving the father at all. I can't seem to find a clear answer.

Would the father even be considered?

(frankly, even though I'd much prefer kiddo was with me, I honestly don't feel that the father should lose out just because he and my niece are no longer together.)

Many many thanks!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

Here are answers from the military's standpoint on the situation.

As a single parent your niece is required to have a "Family Care Plan", so that if/when she is activated/deployed she has adequate care care for her child. Naming a short term and long term guardian is a part of this plan. So, she can name you as a guardian (from a military standpoint) without involving the father at all.

She can and will be deployed without needing to transfer custody. When I was deployed as a single parent my parents where named as the guardians and my daughter stayed with them.

Reservists are "activated" when deployed, and they are considered serving on Active Duty during that time.

The military generally doesn't care about the father in absence of any court order.

 

[Proserpina]

Thanks for the response!

Would you take a look at this document then please? Any comments?

Niece is aware of the Family Care Plan btw.

http://www.abanet.org/family/military/silent/singleparent_enlist.pdf
.
ETA: she was told much earlier that had she been married when she first joined up and then became a single parent the result would be just as you described but because that's not the case, she can be required to transfer custody...and involve kiddo's father in the process.

 

[DRTDEVL]

That document is referencing examples of people initially enlisting in the armed forces, not people already in.

Now, how did she join to begin with? She could not have had custody at the time...

 

[Proserpina]

Because NG reserve does allow single parent enlistment - she just can't (apparently) switch from that to active duty without the custody issue being resolved.

There does appear to be conflicting information - thus the questions.

ETA: just had a thought. Her unit currently has no plan to deploy at all; she wants to transfer to a unit she knows is deploying quite soon. Is there actually a distinction there?

 

[DRTDEVL]

Which is it? National Guard or Reserves?

Two different entities, two sets of regulations governing enlistment.

 

[Proserpina]

Crap, I'm sorry.

Obviously I'm somewhat clueless on this one...she's Army reserves.

I did get dreadfully confused when last speaking with her, but she's just clarified that:

She is currently Army reservist. She wants to transfer to a unit she knows are deploying soon (thus becoming active duty, yes?)

Thank you for your responses, and your patience with someone who has no idea how it all works!

 

[DRTDEVL]

The reason I ask is that you should ask her, too. The Army Reserves uses the same regulation, AR 601-210 for enlistment. She could not have enlisted with custody of the children.

This is essential to find out in your case.

 

[SimplyMom]

She is currently Army reservist. She wants to transfer to a unit she knows are deploying soon (thus becoming active duty, yes?)

She will serve an active duty tour for the time she's deployed/training, however she will not become active duty, she will still be a member of the reserve component. She would actually need to enlist as active duty in order to become active duty. The contracts are different.

Does that make any sense?

 

[Proserpina]

She will serve an active duty tour for the time she's deployed/training, however she will not become active duty, she will still be a member of the reserve component. She would actually need to enlist as active duty in order to become active duty. The contracts are different.

Does that make any sense?

Almost

To enlist as active duty she would need to sort out the custody situation, yes?

In the event that she does have to transfer custody, would it go by State rules (ie, dad would have to agree before kiddo is placed somewhere other than with Dad)?

 

[SimplyMom]

Almost

To enlist as active duty she would need to sort out the custody situation, yes?

In the event that she does have to transfer custody, would it go by State rules (ie, dad would have to agree before kiddo is placed somewhere other than with Dad)?

Yes, to enlist on Active Duty she would have to transfer custody. This would default to state law because the military doesn't have civil rules.

She can still deploy without transferring custody (from a military standpoint) though.

 

[Proserpina]

Thank you both so much for helping me understand what's going on