Legal Question in Military Law in Texas

discrimination for having children

My daughter, 20, has been married and divorced, has 2 children. She has spoken to an Air Force recruiter on more than one occasion trying to enlist. Both times, was told that she would have to give up cusotdy of her children and sign away her parental rights or the Af wouldn't take her. She has also had a similar response from army recruiters. Neither of whom have given her anything in writing to back up their statements. I have searched the military sites, and see nothing posted anywhere implying they won't take a single mother. These recruiters refuse to even allow her to test unless she has first relinquished custody of her children. Where is this rule posted? And, how is that the US military can so often get away with discrimination of various types?


Asked on 4/28/08, 5:30 pm

1 Answer from Attorneys
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: discrimination for having children

The Recruiters are "sort of right." If she has custody of two minor children as a SINGLE parent, you generally cannot enlist. It's not written in any easily accessible source, but it deals with the individual's availability and ability to "deploy" to a combat area. If you are not "deployable," generally you cannot enlist. Each branch of the military will address this in their separate Service "Enlistment" regulations.

To qualify, she would have to be in a NON-custodial status, which means she would have to go back into the Court that granted her custody. That then opens the door for her ex and the father to seek custody, because unless he's been judicially found to be an "unfit" parent, the other parent [ex-spouse] will then generally be given custody, provided they are deemed eligible and appropriate by the Court.

The AF Recruiter was wrong - you do NOT have to give up "parental rights" - only custodial rights. This is technically not a case of discrimination - there is no legal "right" to enlist in the military, so unless you meet THEIR criterion, you are not entitled to enlist.

Read more
Answered on 4/28/08, 6:19 pm


Related Questions & Answers

More Military Law questions and answers in Texas