SGT Private RallyPoint Member 6757885 <div class="images-v2-count-0"></div>A situation occurred where my spouse is contemplating taking guardianship of her younger sibling, he’s a 17 year old. If successful, I plan on enrolling him in DEERS. My question is, does it matter who has sole guardianship or does it have to be the soldier who has sole guardianship to be able to enroll him through DEERS? 2021-02-18T14:34:49-05:00 SGT Private RallyPoint Member 6757885

<div class="images-v2-count-0"></div>A situation occurred where my spouse is contemplating taking guardianship of her younger sibling, he’s a 17 year old. If successful, I plan on enrolling him in DEERS. My question is, does it matter who has sole guardianship or does it have to be the soldier who has sole guardianship to be able to enroll him through DEERS?

2021-02-18T14:34:49-05:00 2021-02-18T14:34:49-05:00 SFC Casey O'Mally 6757968

<div class="images-v2-count-0"></div>Is there a reason you can&#39;t do joint guardians? <br /><br />I am not a lawyer, but just looking at it from a common sense angle, it would not make sense for the courts to award you sole guardianship of your brother-in-law instead of your wife (provided your wife is legally competent, which I assume she is). I do not know if you can enroll your wife&#39;s dependent in DEERS, it would be much easier for everyone if she was your DIRECT dependent (i.e. you are a legal guardian). It would make sense to me that if your wife lives with you, and your wife is the legal guardian, then your brother-in-law would also be your dependent.<br /><br />But all of that is using common sense. The rules / law don&#39;t always follow common sense. If you can legally be joint guardians, it resolves any and all questions.

2021-02-18T15:01:24-05:00 2021-02-18T15:01:24-05:00 SFC Private RallyPoint Member 6758207

<div class="images-v2-count-0"></div>&quot;To seek dependent status for a minor child for whom you have legal custody or guardianship, you<br />must submit the child’s birth certificate, DD Forms 137-7 and 1172, and the original or certified<br />copies of the guardianship or other relevant court documents to DFAS.&quot; <br /><br />However, if only your spouse gets legal custody or guardianship, I don&#39;t think you can try to claim them as a dependent. It seems like you would also have to be legally made the guardian as well to submit for dependent status of your in law. <br /><br />Have you talked to legal at all yet? That is the first place I would have gone.

2021-02-18T16:45:28-05:00 2021-02-18T16:45:28-05:00 CPT Private RallyPoint Member 6758736

<div class="images-v2-count-0"></div>Your child is still your dependent. My daughter lives with her mom. They don&#39;t live by my location and she has primary custody. I still have her as my dependent. She is still entitled to Tricare and all of the other benefits of a dependent. My daughter even has an ID card. Her mother doesn&#39;t and isn&#39;t listed on my Deers at all. It is a bit complicated but she is still your dependent.

2021-02-18T20:25:16-05:00 2021-02-18T20:25:16-05:00 Wayne Soares 6758864

<div class="images-v2-count-0"></div>Thanks for the question Sgt. Baron

2021-02-18T21:28:50-05:00 2021-02-18T21:28:50-05:00 CPT Private RallyPoint Member 6761030

<div class="images-v2-count-0"></div>I just re-read this. The answer is NO. He has to be your dependent. If you marry a person and they have kids then your wife and their father are the guardians. If you want to enroll them in Deers then you have to adopt them. I had a friend go through this. It can be risky. It is a legal thing that is done through your state and can have lasting impact.

2021-02-19T17:31:41-05:00 2021-02-19T17:31:41-05:00 2021-02-18T14:34:49-05:00