Navy - Is it legal?

Question

I heard you weren't allowed to join the Navy if you are unmarried with a child? My son's father just left for bootcamp... what is the truth?

Okay, now that I am hearing since he is a single parent, he has commited fraud? He does have some custody of the child, I do not have full custody at all. I would never take his child away from him. So what would happen if the Navy found out about this fraud? Would they push a waiver.. or what?

Answer 1

the navy and the army have about the same rules for enlisting single parents. single parents are DQ'd for enlistment into the REGULAR ARMY, they may enlist in the reserves but not without an exceptional family care plan.
therefore, In Accordance With (IAW) AR 601-210 chpt 2-10:
2-10. Dependents
a. An applicant meets dependency requirements if they are—
(1) Without a spouse and with no dependents.
(2) Married and, in addition to the spouse, has two or fewer dependents.
(3) Without a spouse and does not have custody of dependents.
(4) Without a spouse and required to pay child support for two or fewer dependents by court order.

b. An applicant does not meet dependency requirements if—
(1) The applicant is married and in addition to the spouse has three or more dependents under the age of 18. (Recruiting battalion commander may consider waiver.)
(2) The applicant is married and addition to spouse has two dependents under the age of 18 and wife is expecting additional children. (Recruiting battalion commander may consider waiver.)
(3) Deleted
(4) Deleted
(5) The applicants processing as a husband and wife team and have one or more dependents under the age of 18. (waivers will be considered)
(6) The applicant has a spouse currently on active duty or who is a member of a RC (excluding IRR) of the U.S. Armed Forces and has a dependent less than the age of 18. One service member must have completed IADT. (Battalion Commander or equivalent member of ARNG may consider waiver)
(7) The applicant is without a spouse and has custody of at least one dependent under the age of 18. (waiver will not be considered for RA) See #14 below for RC.
(8) The applicant is without a spouse and is required by court order to pay child support for three or more dependents. (Recruiting battalion commander may consider waiver.)
(9) Deleted
(10) The applicant is married and required by court order to pay child support for one or more dependents from previous marriage or relationship and when added to dependents of current marriage, in addition to the spouse, has three or more dependents under the age of 18. (Recruiting battalion commander may consider waiver.)
(11) Deleted
(12) The applicant or applicant’s spouse has custody of/or required by court order to pay child support for one or more dependents prior to current marriage and when added to dependents of current marriage, in addition to the spouse, has three or more dependents under the age of 18. (Recruiting battalion commander may consider waiver.)
(13) Deleted
(14) The applicant is without a spouse and has three or less dependents under the age of 18 and is accessing into one of the Reserve Components of the Army. (Recruiting Battalion Commander or equivalent member of the ARNG may approve a battalion level waiver to enlist)
(a) Prior to the dependency waiver being approved, the applicant must have an approved family care plan and DA Form 5305 as required by AR 600-20 (Army Command Policy).
(b) The Family Care Plan must be approved by the Unit Commander of the Reserve Component for which the applicant will be assigned prior to enlistment.
(c) Waiver code will be "dependent waiver"

c. The definitions of dependent, spouses and children are for qualifications and criteria to enlist. These definitions are not for the purpose of determination of pay or allowances, basic allowance for housing, medical, or other benefits. Appropriate authority for determination of benefits is contained in other applicable regulation pertaining to finance and accounting, issuance of ID cards, and privileges.
(1) An applicant is considered to be “without a spouse” if—
(a) A civil court has not recognized common law marriage.
(b) A spouse is incarcerated.
(c) A spouse is deceased.
(d) A spouse has deserted the applicant.
(e) A spouse is legally or by mutual consent separated from the applicant.
(f) The applicant or spouse has filed for divorce.
(2) For the purpose of this regulation and enlistment, the term “dependent” includes—
(a) A spouse.
(b) An unmarried, adopted, or stepchild under the age of 18 living with the applicant.
(c) An unmarried natural child of the applicant under the age of 18.
(d) Any person living with the applicant who is, by law or in fact, dependent upon the applicant for support; or not living with the applicant and dependent upon the applicant for over one-half of his or her support.
(e) Any person for whom the applicant is responsible for his or her financial or custodial care.
(3) Joint physical custody versus child support—
(a) When a joint custody agreement or order requires joint physical custody by an applicant without a spouse, the applicant is not eligible for enlistment. Visitation or joint decision rights with the respect to education, medical procedures, or other parental decisions, other than actual physical custody are not considered as requiring joint physical custody. However, if a mandatory period of residence is required, then joint physical custody exists and the applicant is not eligible to enlist. Mandatory physical custody does not include negotiable periods of visitation or voluntary agreement to have custody for short periods that are negotiable and compatible with military service.
(b) If a court order allows modification of custody by written agreement of the parents, if the other parent assumes full physical custody pursuant to written agreement, the applicant is qualified for enlistment.
(c) Questionable cases will be resolved by referral to a USAREC brigade judge advocate or attorney advisor through the USAREC chain of command.

d. The U.S. Army recognizes that some persons for personal reasons have given up custody of a child or children. For this reason, the following rules have been provided so a determination can be made for enlistment purposes. It is not the intent or desire of the U.S. Army to require any person to relinquish custody of his or her children to qualify for enlistment. Under no circumstances will any Army representative advise, imply, or assist an applicant with regard to surrender of custody for the purpose of enlistment. Applicants will be advised that they do not meet the dependent criteria of this regulation and that the Army’s mission and unit readiness are not consistent with being a sole parent. Persons who are sole parents would be placed in positions, as any other Soldier, where they are required at times to work long or unusual hours, to be available for worldwide assignment, and to be prepared for mobilization, all of which would create conflicting duties between children and military requirements for the sole parent.
(1) If an applicant is without a spouse and the child or children have been placed in the custody/guardianship of the other parent or another adult by court order prior, or by written custody agreement between parents that is valid under state law prior to application for enlistment, and the applicant is not required to pay support for more than three dependents, then the applicant is eligible to process for enlistment. The court order or custody agreement must clearly indicate that the applicant does not have physical custody of any child. In cases of court order or custody agreements that require “involvement” such as medical or education decisions but do not require physical custody of the child(ren), then the additional requirements or involvement is not to be considered for eligibility unless such conditions require a mandatory custody period that could not be adhered to due to military service. Guardianship documents must very clearly indicate that the guardian has full physical custody and not just a guardianship right or oversight role. The bottom line issue is actual physical custody of the child(ren). Questionable cases will be resolved by referral to a USAREC brigade judge advocate or attorney advisor through the USAREC chain of command or equivalent personnel in the ARNG.
(2) Those applicants who at time of enlistment indicate they have a child or children in the custody of the other parent or another adult in accordance to (2), above, will be advised and required to acknowledge by certification that their intent at time of enlistment was not to enter into the Army, USAR, or ARNG with the express intention of regaining custody after enlistment. Applicants will be required to execute a DA Form 3286 (Statements for Enlistment (Parts I through IV)). All applicants will be advised that if they regain custody during their term of enlistment, they are in violation of the stated intent of their enlistment contract. They will (unless they can show cause, such as death or incapacity of the person who has custody) be processed for separation (involuntary) for fraudulent enlistment. Retention of Soldiers who have enlisted fraudulently is governed by AR 635—200.
(3) Applicants who are not married at the time of enlistment but have a child out of wedlock and under state law are considered to have custody rights, regardless of who currently has physical custody, are disqualified. However, if under state law a mutually agreed upon contract between the two natural parents is sufficient to transfer custody and control of any children, then it will be acceptable for enlistment purposes. Contractual agreements acknowledged by state law are acceptable. Applicants will be advised that they are being accepted for enlistment based on the eligibility status of being a single parent without custody. All applicants must complete a DA Form 3286 at time of entry into the DEP/ DIP or ARNG. Consult with brigade judge advocate/USAREC Plans and Policies or equivalent personnel in the ARNG on questionable cases. In all cases where custody has not been clearly established, the burdened of proof is with the applicant and may not be processed until the custody issue has been resolved.

Answer 2

He probably already told his recruiter about it and disclosed it in his record. It is only if he has 100% custody and even then if he gives physical custody to you, the MOTHER, he can enlist. Why are you trying to screw him. By enlisting he will be in a much better situation of supporting your child. They will have outstanding medical coverage and child support. There are lots of unmarried parents out there that enlist. Each situation is different, try supporting him and you may find that he comes out a better person and your son gets a better life because of it. Believe me he cannot hide a child from the Navy. Stop listening to whomever is getting you all worked up and talk to him when he can get a minute to talk. The benefits for your son are numerous so relax and let your ex do this.

Answer 3

This is what I have found, there were many sections of this law repealed.
So as far as enlistment goes, nothing is mentioned about being an unwed mother.

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2005]
[Document not affected by Public Laws enacted between
January 3, 2005 and May 30, 2006]
[CITE: 10USC504]


TITLE 10--ARMED FORCES

Subtitle A--General Military Law

PART II--PERSONNEL

CHAPTER 31--ENLISTMENTS

Sec. 504. Persons not qualified

No person who is insane, intoxicated, or a deserter from an armed
force, or who has been convicted of a felony, may be enlisted in any
armed force. However, the Secretary concerned may authorize exceptions,
in meritorious cases, for the enlistment of deserters and persons
convicted of felonies.

(Added Pub. L. 90-235, Sec. 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 754.)

Answer 4

You're going to have to fill out this form that states who the child will stay with if you and your child's father are deployed at the same time. I beleive the only way that they can deny you entrance is if there is no one the child can stay with if you guys are gone. It even applies to people IN the Navy. If they don't have someone to watch the child then they ger discharged on hardship.

Answer 5

Single parents may NOT enlist. if he has even partial custody, he committed fraudulent enlistment. If you have full legal and physical custody and he could prove that, then he did NOT commit Fraud and he was fine to enlist.

ETA: if he has any type of custody...legal or physical.. and he failed to tell his recruiter that he has a child.. he committed fraud, plain and simple, and when he tries to claim the child after Boot camp to get BAH and medical benefits for him, he will have to explain exactly WHY HE LIED. That is grounds for discharge with a less than positive code.

Answer 6

Totally legal, although because he is now in the military, you pretty much own his behind because he's had a child with you. If he cheats etc, you can complain to his commanders (or find someone on a post/phone to help you out) as he now owes you like a wife.

Good news is, if he DOES do something bad or you two want to split, you can probably get half his military salary even if you've never been married. Military looks as pregnancy as a type of marriage between you two. Most nice men will tell you, the military takes care of the women involved with their men. I say "their men" because technically the Military OWNS their soldiers.

So to clarify, any unmarried Man or Woman with an illegitimate child is allowed to join the military. They encourage you to get married (benefits etc) and I'm not sure about insurance etc through the military. I think that an unmarried military person can get their child benefits, but not a girlfriend. (get married) =)

-Retired, US Army

Answer 7

Sure he can join the Navy, but he can be forced by the military to provide for his son, if you prove it's his son. You on the other hand get nothing.

Answer 8

As long as he does not have sole custody it should be fine as long as their is a family care plan.

And if their is a rule it would not be fraud unless he knowingly deceived, if he didn't know and they didn't ask it's not fraud.

Answer 9

Well, to be technical about it, he isn't, you are. Wait til he gets overseas and meets them hot Italian girls or Japanese chicks.

Answer 10

I don't think they're being really picky these days.

Answer 11

I don't know where you heard this. It can't be true.