Oklahoma § 44-47 - Period of enlistment - Qualifications - Reenlistment - Oath

§ 44-47. Period of enlistment - Qualifications - Reenlistment - Oath

- Relinquishment of custody of minor child.

A. Enlistments in the National Guard. Hereafter, the period of

enlistment in the National Guard of this state shall be for three

(3) years or such other time as prescribed by National Guard

regulations, and the qualifications for enlistment shall be the same

as those prescribed for admission to the Regular Army or Regular Air

Force or National Guard regulations; provided that the privilege of

continuing in active service during the whole of an enlistment

period and of reenlisting in the said service shall not be denied

except as herein otherwise provided. Unless otherwise prohibited by

federal law or by Department of Army, Department of Air Force or

National Guard Bureau regulations, enlisted members and prospective

members of the Oklahoma Army and Air National Guard who have

successfully completed the requirements for and have obtained a

General Education Diploma (G.E.D.) shall be awarded a high school

diploma by the State of Oklahoma. The State Department of Education

shall issue this high school diploma. Such diploma shall be limited

to the purposes of enlistment and admission in the National Guard

pursuant to the provisions of this section. Such purpose shall be

specified on the high school diploma. All enlisted men of the

National Guard of this state shall sign an enlistment contract and

take and subscribe to the oath required by National Guard

regulations. Any officer or warrant officer of the Armed Forces of

the United States may administer the enlistment oath.

B. 1. By complying with this subsection, a single custodial

parent who is an applicant for enlistment in the Oklahoma National

Guard satisfies the requirements of National Guard Regulation 600200 or Air National Guard Regulation 39-09 regarding the placement

of the physical custody of a minor child with an adult blood

relative of the child within the third degree of consanguinity for

all periods of active duty during the term of enlistment. A

document placing the physical custody of a child pursuant to this

subsection shall:

a.

be in writing,

Oklahoma Statutes - Title 44. Militia

b.

clearly identify the child, the person with whom

physical custody is being placed, that person's

relationship to the child, and the period of

enlistment for which physical custody is to be placed,

c.

be executed by the parent/applicant before a notary

public, and

d.

clearly state that it is for all purposes, including

health care, during the periods of time in question.

2. A certified copy or executed copy of the document required

by this subsection shall become a part of the applicant's permanent

Oklahoma National Guard file.

3. Nothing in this section shall terminate, interfere, delay or

negate any right of visitation by the noncustodial parent, or any

person granted visitation by court order.

4. It is the intent of the Legislature that the placement of

physical custody of a child pursuant to the provisions of this

section shall not be a substantial change to any existing custody

decree nor shall it be deemed a voluntary permanent relinquishment

of custody.

Added by Laws 1951, p. 116, art. 3, § 7, eff. May 16, 1951. Amended

by Laws 1981, c. 137, § 1, eff. Oct. 1, 1981; Laws 1988, c. 318, §

3, emerg. eff. July 6, 1988; Laws 1993, c. 121, § 1, emerg. eff.

April 29, 1993; Laws 1998, c. 415, § 48, emerg. eff. June 11, 1998.