Expert: Rod Powers - 6/1/2007

Question
I am a divorced father of one and would like to enlist in the Army. My ex-wife
has sole physical custody of our daughter, but we agreed to "joint legal
custody" after the divorce. Essentially this gives me the right to share in
important decisions regarding her residence, education, healthcare, religion,
etc. In my divorce paperwork I am referred to as the "noncustodial" parent.
Will the Army disqualify me as a single parent although I do not share actual
physical custody of my child?  

Answer
Hi Harrison,

Here's what the Army Recruiting Regulation has to say about it:

"(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.....

(c) Questionable cases will be resolved by referral to a USAREC (US Army Recruiting Command) brigade judge advocate or attorney advisor through the USAREC chain of command."

(Reference Army Regulation 601-210, paragraph 2-10c(3)).

So, it sounds as if you should be okay. If there are questions concerning the wording in the document, it will be reviewed by the Judge Advocate (lawyer) of the Army Recruiting Command.

For more information about the United States Military, feel free to visit my U.S. Military Information Site at: http://usmilitary.about.com

Hope this helps!

Rod Powers
http://usmilitary.about.com