Child Custody Changes

Start Here If You Are New to Child Custody Changes

Child custody changed by court order. You have 10 WORKING DAYS to submit NAVMC 10922NAVMC 10922 to S-1 with a certified court order. The order may add a child to your dependents or remove a child. BAH-with-dependents triggers if a child becomes your dependent and was not previously. BAH-Diff applies if you pay court-ordered child support but the child is not a dependent (above the BAH-Diff threshold). DEERS enrollment for added dependents, removal for lost dependents. Family Separation Allowance considerations if custody affects family location. Per MCO 1751.3MCO 1751.3, MCO 7220.24MCO 7220.24, and DoD 7000.14-R Volume 7ADoD 7000.14-R Volume 7A Chapter 26.

This page walks you through child custody changes from your seat as the Marine. By the end you will know.

• The required documents
• Custody types (sole, joint, split, primary)
• The 10 working day timeline
• BAH and BAH-Diff implications
• Family Separation Allowance considerations
• DEERS enrollment or removal
• Court order specifics required
• Common scenarios
• Coordination with civilian family court

Every fact on this page comes from MCO 1751.3MCO 1751.3, MCO 7220.24MCO 7220.24, DoD 7000.14-R Volume 7ADoD 7000.14-R Volume 7A Chapter 26, DoD 7000.14-R Volume 7ADoD 7000.14-R Volume 7A Chapter 27, and DoDI 1000.13DoDI 1000.13.

Required Documents

Primary Documents

• NAVMC 10922NAVMC 10922 (Dependency Application/Record of Emergency Data)
• Certified court order with raised seal

Supporting Documents

• Birth certificate of the child
• Prior custody order (if this is a modification)
• Child support order if separate from custody order
• DD Form 137-3DD Form 137-3 (when claiming child as ward) for non-marital custody arrangements

Custody Types

Sole Legal and Physical Custody

One parent has both legal authority and physical residence of the child. Other parent typically has visitation rights and pays support.

Joint Legal Custody

Both parents share legal decision-making authority. Physical custody may be sole or joint.

Joint Physical Custody

Child resides with both parents on a court-ordered schedule.

Split Custody

Multiple children, with different children residing with different parents.

Primary Custody

One parent is designated primary residential custodian. Other parent has visitation. Common terminology in many state courts.

Why It Matters

Marine Corps dependency determination follows the court order. The Marine claiming a child as a dependent must have either physical custody or court-ordered support exceeding the BAH-Diff threshold.

The 10 Working Day Timeline

Day zero is the date of the court order.

Steps Within 10 Working Days

• Day 1 to 3. Obtain certified copies of court order from the court.
• Day 4 to 5. Complete NAVMC 10922NAVMC 10922 to add or remove child.
• Day 6 to 8. S-1 appointment for review and submission.
• Day 9 to 10. S-1 routes to IPAC.

Within 30 Days

• RAPIDS appointment for child DEERS enrollment if child is being added.
• Child must appear in person with documents for DEERS enrollment.

BAH and BAH-Diff Implications

Custody Adds a Child

If the court order grants you custody of a child you did not previously claim, BAH-with-dependents may activate (if you were at without-dependents rate). If you were already at with-dependents rate (married, other children), no rate change.

Custody Removes a Child

If the court order removes a child from your custody, BAH-with-dependents continues IF you have other dependents (spouse, other children). If no other dependents remain, BAH adjusts to without-dependents rate the day AFTER the order.

BAH-Diff for Court-Ordered Child Support

Per MCO 7220.24MCO 7220.24 and DoD 7000.14-R Volume 7ADoD 7000.14-R Volume 7A Chapter 26, BAH-Diff applies when.

• You are without dependents (BAH-without-dependents rate).
• You pay court-ordered child support.
• The support amount equals or exceeds the BAH-Diff threshold (currently set per DoD FMR).

BAH-Diff is a partial BAH amount, less than full BAH-with-dependents but more than BAH-without-dependents.

Documenting Court-Ordered Support

• Submit court order to S-1.
• Include amount of monthly support.
• Annual recertification required.
• Update if support amount changes.

Common Mistake - Voluntary Support

Voluntary support payments (not court-ordered) do not qualify for BAH-Diff. Only court-ordered support qualifies. If you make voluntary payments, get them formalized in a court order to qualify.

Family Separation Allowance Considerations

When FSA Applies

Family Separation Allowance (FSA) applies when a Marine is separated from dependents for 30 or more days due to military orders.

Custody Changes and FSA

• Adding a custody-based dependent who lives away from your duty station may activate FSA if you are deployed or on long TDY.
• Removing custody may terminate FSA if the child was the basis for FSA.

FSA Documentation

Per DoD 7000.14-R Volume 7ADoD 7000.14-R Volume 7A Chapter 27, FSA requires.

• Dependent recognition (NAVMC 10922NAVMC 10922 on file).
• Orders separating Marine from dependent for 30+ days.
• Geographical separation documented.

See Family Separation Allowance for full framework.

DEERS Enrollment or Removal

Adding a Child

• Submit NAVMC 10922NAVMC 10922 with court order to S-1.
• Schedule RAPIDS appointment within 30 days.
• Child must appear with Marine and documents.
• DEERS enrollment activates TRICARE eligibility.

Removing a Child

• Submit NAVMC 10922NAVMC 10922 with court order to S-1.
• IPAC processes DEERS removal.
• Child's USIP card returned to RAPIDS if previously issued.
• TRICARE coverage terminates effective court order date.

Joint Custody and DEERS

In joint custody, only ONE parent may claim the child as a TRICARE-eligible dependent in DEERS at a time. The court order or parental agreement determines which parent claims.

Court Order Specifics Required

What S-1 and IPAC Need

• Date of order
• Court name and jurisdiction
• Marine's role (custodial parent, non-custodial parent, joint)
• Child's name and date of birth
• Custody designation language
• Child support amount and schedule (if applicable)
• Effective date

Vague or Incomplete Orders

If the court order is vague (e.g., "shared custody as agreed"), IPAC may request clarification.

• Modified order from court
• Affidavit from both parents (if cooperative)
• Legal Services consultation

Foreign Court Orders

Custody orders from foreign courts require.

• Authenticated translation if not in English.
• Recognition under U.S. or state law.
• Coordination with Legal Services.

Common Scenarios

Scenario 1. Becoming Custodial Parent After Divorce

Original divorce gave former spouse primary custody. Modified order now gives Marine custody.

• Submit NAVMC 10922NAVMC 10922 with modified order.
• BAH adjusts upward (if previously at without-dependents).
• DEERS enrollment for child.
• Family Care Plan required if you become single parent.

Scenario 2. Losing Custody After Modification

Marine had custody, court modifies to former spouse.

• Submit NAVMC 10922NAVMC 10922 with modified order.
• BAH adjusts (depends on other dependents).
• DEERS removal for child.
• BAH-Diff may apply if court orders Marine to pay support.

Scenario 3. Establishing Custody (Unmarried Marine)

Marine and child's other parent never married. Court establishes custody for the first time.

• Submit NAVMC 10922NAVMC 10922 with court order.
• DD Form 137-3DD Form 137-3 may be required as supplemental documentation for ward determination.
• BAH-with-dependents activates if Marine has primary custody.
• Paternity must be established (see Birth and Adoption).

Scenario 4. Joint Physical Custody

Court orders 50/50 physical custody.

• One parent designated as primary custodian for dependent purposes (court order specifies, or parents agree).
• That parent claims child as dependent.
• Other parent typically does not claim simultaneously (DD 137 question 3g - "does any other person claim").

Scenario 5. Custody Modification Through ROTC, Deployment, or PCS

Court modifies custody due to Marine's deployment, training, or PCS.

• Submit modified order with NAVMC 10922NAVMC 10922.
• Coordinate with Legal Services for Servicemembers Civil Relief Act (SCRA) protections.
• Family Care Plan adjustment may be required.

Coordination With Civilian Family Court

Servicemembers Civil Relief Act (SCRA)

SCRA provides protections in custody and support proceedings during military service.

• Stay of proceedings if military service materially affects ability to participate.
• Default judgment limitations.
• Court appointment of attorney for absent service member.

Legal Services Support

Marine Corps Legal Services provides limited assistance with family law matters.

• Consultation on legal rights and options.
• Document review.
• Notarization.
• Referral to civilian attorneys for representation.

See Legal Services Overview for full framework.

Permanent Change of Station Considerations

PCS may trigger custody disputes. Coordinate with civilian attorney and inform the court of military orders well in advance.

Common Errors

Submitting Without Certified Court Order

Photocopies are not enough. Court-issued certified copies with raised seal are required.

Late Submission Creating BAH Discrepancy

Late submission of custody change may create BAH overpayment (if BAH-with-dependents continued for a child no longer in your custody) or missed entitlement.

Voluntary Support Without Court Order

Voluntary payments do not qualify for BAH-Diff. Get any support arrangement formalized in court order.

Failing to Update FSA

Custody changes affecting dependent location may activate or terminate FSA. Update with each custody change.

Both Parents Claiming Same Child

If you and the other parent both claim the same child as a dependent, IPAC will eventually identify the discrepancy. The court order or DEERS designation determines which parent legitimately claims.

Failing to Update Family Care Plan

Custody changes affecting single-parent or dual-military status trigger Family Care Plan requirements. See Family Care Plan (FCP).

Cross References

• For BAH framework and BAH-Diff details, see BAH (Housing Allowance)
• For overall life events framework, see Life Events Overview and Authorities
• For DEERS and ID card mechanics, see DEERS Enrollment and ID Cards
• For establishing initial dependent recognition (paternity, adoption), see Birth and Adoption
• For Family Separation Allowance, see Family Separation Allowance
• For Family Care Plan, see Family Care Plan (FCP)
• For divorce and initial spouse loss, see Divorce and Spouse Loss
• For Legal Services support, see Legal Services Overview

Quick Reference

• Submission. NAVMC 10922NAVMC 10922 with certified court order within 10 working days.
• BAH. With-dependents activates or deactivates per court order.
• BAH-Diff. Court-ordered support exceeding threshold qualifies.
• DEERS. Enrollment or removal per court order.
• FSA. Re-evaluate if custody affects dependent location.
• Family Care Plan. Required if single parent or dual-military.
• Primary contact. S-1, with Legal Services support.

Records To Keep

• Certified court order (original plus extra certified copies)
• Prior custody order (if modification)
• Child support order if separate
• Signed NAVMC 10922NAVMC 10922 with S-1 endorsement
• DEERS enrollment or removal confirmation
• DD Form 137-3DD Form 137-3 if applicable
• LES showing BAH or BAH-Diff change
• Family Care Plan if applicable

If you have a question about custody documentation, S-1 is your first stop. For court order interpretation, support disputes, or SCRA protections, coordinate with Legal Services.