Military Custody Fraud Consequences

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Summary

Custody fraud by a military parent can result in serious consequences, including military disciplinary action, legal repercussions like fraud charges, and repayment of wrongfully received benefits. Even if the parent is no longer in the military, they can still face these consequences. The court will consider the childs best interests, stability, and the parents honesty when making custody decisions. If the child has been living with the father in California for an extended period, this could influence the courts decision. Always consult a local legal professional for personalized advice.

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Mother was in North Carolina while child was living in California with father
Custody fraud is a serious matter. If proven, she may face:
- Military disciplinary action
- Legal repercussions, possibly perjury
- Impact on future custody decisions
Each case varies, so consult with a legal professional for advice tailored to your situation.
She was receiving child expense from military with out having child with her
If proven, she might face:
- Repayment of extra benefits received.
- Disciplinary action from the military.
- Legal consequences like fraud charges.
Always consult with a legal professional in your local area for tailored advice.
Is it to late if she’s out of the military ?
No, it's not too late. Even if she's out of the military, she can still face:
- Legal repercussions such as fraud charges
- Requirement to pay back wrongly received benefits
Please consult a legal professional for advice tailored to your circumstances.
She shares joint custody and is primary but child lived in California with father
Even with joint custody, if the child lived with the father in California while the mother was in North Carolina, that could potentially affect her status as the primary custodian. Factors to consider:
- The actual living arrangement of the child
- Deception involved in claiming benefits
Consult a local legal professional for further advice.
Will the judge see all this information
Yes, the judge can review all relevant information. For this to happen:
- The father should bring this to court
- Proper evidence should be provided
- Consult a lawyer to ensure all facts are presented effectively
Remember, every case is unique. Please seek personalized legal advice.
Will the pay go to the father
If the court determines that the father has been the primary caregiver, it may order:
- Transfer of child support payments to the father.
- The mother to pay back wrongly received benefits.
Remember, this depends on the specific circumstances and the court's decision. Consult a local legal professional.
Does the mother need to pay back the military
Yes, if it's proven that the mother falsely claimed benefits, she may be required to:
- Pay back the wrongfully received benefits to the military.
- Face legal repercussions such as fraud charges.
Please consult a local legal professional for specific advice.
Will this effect her primary costudy
Yes, fraudulent behavior can potentially impact her status as the primary custodian. A judge may consider:
- The child's actual living situation
- Dishonesty in claiming benefits
Always consult with a local legal professional for case-specific advice.
How much extra does the military pay if you claim a child
The additional pay for dependents in the military, called Basic Allowance for Housing (BAH), varies based on:

- Rank
- Geographic duty location
- Dependents count

For accurate rates, consult the Defense Finance and Accounting Service (DFAS) website.
So you can only claim that if you have your child physically?
Yes, to correctly claim BAH as a military member, you should have primary physical custody of your child. False claims can lead to:
- Repayment of wrongfully received benefits.
- Legal repercussions, including fraud charges.
For specific guidance, consult a local legal professional.
She was out of the picture for 4 years
If the mother was absent for 4 years, it could affect her custodial status. The court will consider factors such as:
- The child's best interests
- Stability of living arrangements
- The mother's absence duration
Again, please consult a local legal professional for tailored advice.
What if the mom took child away to North Carolina when it was only suppose be a visit from California child’s home state for the last 4 years
If the mother moved the child without consent, it could be considered parental kidnapping. Key considerations are:
- Existing custody orders
- The child's home state
Consult a local legal professional or your local court in California for advice.
Existing costudy orders haven’t been modified since the big change
If the existing custody orders have not been modified to reflect the changes, it's important to initiate a modification. Factors that may be considered include:
- The child's best interest
- Significant changes in circumstances
Please consult a local legal professional for specific advice.
Can i file emergency motion
Absolutely, you can file an emergency motion if the child's immediate welfare is at risk. However, criteria for an emergency motion may vary by jurisdiction. Where are you filing this motion?
North Carolina where the child is located at this moment
If the child is in North Carolina now, you can file an emergency motion there. Important considerations include:
- Imminent risk to the child
- Providing proper notice to the other parent
Stay in close contact with a local legal professional to navigate this process effectively.
Does this look really bad on the mom
Yes, if proven, fraudulent claims and taking a child out of state without consent can significantly impact a mother's credibility and custody status. Factors considered include:
- Honesty and integrity
- Best interest of the child
- Stability of living arrangements
Always consult with a local legal professional for specific advice.
Will the judge consider the lie that the mom committed on the agreement she made with the other parent even tho she is primary
Yes, judges take into consideration all facts presented. In this case, the mother's dishonesty regarding the agreement could impact the judge's decision. Factors include:
- Truthfulness
- Best interest of the child
- Adherence to agreements
Consult a local legal professional for specific guidance.
Can i call the cops if the mother who is primary does not return child back to California
Yes, you can report parental abduction to law enforcement. Factors to consider:
- Existing custody orders
- The child's residence state
Always consult with a local legal professional or law enforcement agency for specific advice.
But custody orders are in North Carolina
If the custody orders are from North Carolina, that state's laws will apply. Are you seeking to modify these orders in California, where the child has been residing?
Can I do that
Yes, you can request to modify custody orders. Considerations include:
- Child's best interest
- Significant change in circumstances
- Child's primary residence state
Consult a legal professional to guide you through this process.
But the custody agreement was in North Carolina
Yes, the original agreement was in North Carolina. However, if the child has been living in California for an extended period, California courts might have jurisdiction. This can be a complex issue. What's the child's current residence state?
Mother has kept her in North Carolina during visit
If the child is currently in North Carolina due to the mother's actions, you might need to file a case there. However, California could still have jurisdiction if the child lived there recently. Are you considering legal action in North Carolina?
Can I file emergency temporary custody and bring child back to California
Yes, you can file for emergency temporary custody in North Carolina. Essential considerations include:
- Imminent risk to the child
- Providing proper notice to the other parent
Please consult with a local legal professional in North Carolina for advice tailored to your situation.
What the process
The process to file for emergency temporary custody in North Carolina involves:
- Filing a complaint with the court, detailing the urgent circumstances.
- Serving the other parent with notice.
- Attending a hearing where you'll present evidence.
Consult a local legal professional for guidance.
Can that take along time
The duration to process an emergency custody order can vary. Factors include:
- Court's schedule
- Complexity of the case
- Timely response from the other party
Consult a local legal professional for a more accurate timeline.
What is the other party doesn’t respond
If the other party doesn't respond:
- The court may issue a default judgment.
- You may get the relief you're seeking.
- It's vital to follow court instructions to avoid procedural issues.
For specifics, consult a local legal professional.
Is it more likely that the judge sends child back to California
The judge's decision will depend on the child's best interest. Factors include:
- Child's primary residence
- Stability and consistency
- Fraudulent behavior by the mother
It's possible, but case-specific. Consult a local legal professional for tailored advice.
What if the mom enrolled her in school in North Carolina
Even if the mother enrolled the child in school in North Carolina, the court will consider:
- Child's best interest
- Stability of living arrangements
- Mother's actions and motives
Engage a local legal professional for personalized advice.
With out the father’s knowledge
Enrolling the child in school without the father's knowledge could be seen as a unilateral decision and might impact the case. Factors include:
- Existing custody agreement
- Mother's actions and motives
Consult a local legal professional for tailored advice.
But child is still enroll in California
If the child is enrolled in schools in both California and North Carolina, it could affect the case. The court may consider:
- Child's primary residence
- Stability of living arrangements
- Parents' actions and motives
Consult a local legal professional for specific advice.
Does all this makes the mother look bad or the dad
If proven, the mother's actions could negatively impact her in court. The father seems to be acting in the child's best interest. Factors include:
- Mother's fraudulent claims
- Unilateral decisions
- Stability of the child's living situation
Always consult a local legal professional.
Father let daughter go visit the mom in North Carolina will this action benefit father
Allowing the daughter to visit the mother in North Carolina can be viewed as cooperative parenting. However, the outcome depends on several factors, including:
- The duration of the visit
- Any agreements made about the visit
- The child's best interest
Consult with a local legal expert for personalized advice.
Duration of the visit was only going to be * weeks child need to be returned before school started
If the agreed duration was only * weeks and the child was not returned in time for school, it could potentially work in the father's favor. Factors considered include:
- Adherence to agreements
- Impact on the child's schooling
- The child's best interest
Consult a local legal professional for specific advice.
Even tho the father is not primary but child has been living with father for 2 years in California
The fact that the child lived with the father in California for 2 years, despite the mother being the primary custodian, could influence the custody decision. Key factors include:
- Child's best interest
- Stability of living arrangements
- Actual physical custody
Engage a local legal professional for advice tailored to your case.
Can the father lose
It's possible but depends on several factors:
- Best interest of the child
- Stability of living arrangements
- Father's actions and involvement
- Local jurisdiction's laws
Engage a local legal professional for specific advice based on your situation.
What’s the worst that can happen
The worst-case scenario might include:
- The court maintains the existing custody order.
- The mother doesn't face any fraud charges.
- The father could be ordered to pay child support.
Remember, outcomes vary greatly. Please consult with a local legal professional for advice.
Even if the mother has not been in child’s life for the last 4 years
If the mother has been absent for 4 years, it could significantly impact the case. The court will consider:
- The child's best interests
- Stability of living arrangements
- The mother's prolonged absence
Always consult with a local legal professional for case-specific advice.
Chile is only *
Knowing the child's age can help in assessing the situation. As the child is only *, the court will prioritize:
- The child's well-being and emotional stability
- The primary caregiver
- Consistency in living conditions
Consult a local legal professional for specifically tailored advice.