can I get custody back of my child if I signed power of attorney to my parents to enlist?

Question

Can I get her back if I have a care planned while enlisted in the army?

Answer 1

Of course you can. As long as you have a Parenting Plan in place you're good to go.
The POA is a temporary order, some expire in a year, others are set up for 2 years.

Answer 2

Unless they have changed the rules since I was a recruiter (1997-2000), which is possible, a Power of Attorney was not enough to enlist if you were a single parent. You had to have the child adopted by someone (usually parents) when you enlisted.

Once you are at permanent party, however, you can file to have your child returned to you. You will have to have a family care plan, and be able to enact it if you are deployed, but you can get your child back.

Answer 3

"Single Parents With the exception of the Army National Guard, single parents are not allowed to enlist in the military, period. In the "old days," some recruits would try to get around this restriction by giving up legal custody of their child(ren) until after basic training and job school, but the military has wised up to this practice. For example, in the Marine Corps, one must give up legal custody (by court order) of their child(ren), and then wait one year or more before being eligible for enlistment. In the Army and Air Force, single member parent applicants who, at the time of initial processing for enlistment, indicate they have a child or children in the custody of the other parent or another adult are advised and required to acknowledge by certification that their intent at the time of enlistment was not to enter the Air Force/Army with the express intention of regaining custody after enlistment. These applicants must execute a signed statement testifying they have been advised that, if they regain custody during their term of enlistment, they will be in violation of the stated intent of their enlistment contract. They may be subject to involuntary separation for fraudulent entry unless they can show cause, such as the death or incapacity of the other parent or custodian, or their marital status changes from single to married."

Answer 4

Yes, Power of Attorney just takes care of your stuff if something were to happen to you and it also takes care of all your bills and stuff while you are gone. I wanted to join the army, but my recruiter went ahead and told me that I would have to sign over custody to someone else, and it was up to them to sign my children back over to me. My husband is in the Army. So I just heard about a case where a woman signed over custody of her daughter to her parents while she went to fight in Iraq, and the parents arent giving her back, and the court can't make them!

Answer 5

Is it Power of Attorney or permission to act on your behalf as guardians? Power of Attorney has nothing to do with custody. Either way, custody is yours unless you sign custody papers relinquishing it to your parents and it can be permaent, under specific conditions or have a time limit.

Answer 6

not until you re enlist. you signed over custody for the ENTIRE first term of enlistment, and attempting to get it back before hand is grounds for discharge under fraudulent enlistment, unless your parents become ill or die and can no longer care for your child.

Answer 7

Go to JAG/Legal aide on post and speak with them. You POA should have granted temporary custody enabling them to care for her in your absence (and they should continue to have one of those if they live near you/whoever is part of your care plan needs one) but it should NOT have granted them permant custody.

Answer 8

Yes, as long as you didn't give up your parental rights.

Answer 9

yes, talk to your army legal officer or what ever branch your in, they will direct you in exactly what to do.