Expert: Cynthia Bedell - 6/22/2007

Question
QUESTION: im prior service, now currently in the army NG.  i have full custody of son, relationship is good with ex and he is willing to care for our son when and as needed.  im told i can't go active since i'm a single mom.  i will not give up custody, will go joint custody, and getting married is not an option at this point.  family care plan etc is in effect with the NG.  is there any thing i can do to go active?

ANSWER: Dear Judy --

If your family care package is complete and acceptable, meaning that you have someone that will care full-time for your son if you are deployed or seriously injured while on duty, you should be able to get an active rotation.

However, if you want to remain in your current NG unit and go active Guard/Reserve (AGR) there are only limited number of those spots.  They may prefer not to give one of those positions to a single Mom with custody since you cannot immediately drop everything and rush to post in an emergency.  Of course neither can a single Dad with custody.

I believe the problem for you to go active, is that you must be willing to move.  Since you have joint custody with your ex-husband, you cannot uphold your end of the custody agreement, if you move out of the local area to take an active duty assignment.

Please let me know, if I have the facts of your circumstances wrong.  There may be other routes to achieve your goals.

Best of luck to you.



---------- FOLLOW-UP ----------

QUESTION: thank you for your response.  currently i have full custody but could be changed to joint if need be. however according to my recruiter i would have to give up complete custody to go active army. she states that it is not possible even thou i have a care plan etc unless i give up full custody.  moving in not a problem, neither is going to AIT or being deployed.  if you could give me a regulation or something which states that I can go active which i could present to the recruiter would greatly be appreciated. currently i do not want to go AGR but may consider it if all else fails.  again thank you

Answer
Dear Judy --

I think the issue is you are trying to enlist active duty, rather than volunteer to go on an active tour while still on national guard status.  

See if you can get a list of active tours in your current specialty.  Then once you are activated for a tour, you can re-enlist to stay active.

Going on an active tour using this means will allow you active time without losing rank and without having to change your family care status.

Let me know if this works.

Good luck.