Posted on Jan 20, 2023
Would it be a violation of any law for a non-custodial parent to withhold a minor's social security card from the custodial parent?
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I have a son (living in FL with his mother) who I recently enrolled into DEERS/Tricare. His birth certificate and SSC was needed. My son's mother claimed to have mailed his SSC when I asked but supposedly it was losted in the mail. I asked if she had a tracking number from the post office. She said no. I went to the Social Security Administration office to apply for a replacement but was denied because my son resides with his mother instead of me. After telling my son's mother that she has to be the one to apply for a replacement card, she applied and then I picked up up the new card from her some days later. Two months after I got the card she expressed she needs the card. I suggested she apply for a another replacement card. As I stated to her we live in two different states and may need our son's SSC for future business. Having to mail the same card back and forth may delay any future business we have pertaining to our son. I also stated a child can have 3 replacement cards a year and 10 in a lifetime. Not to mentioned she already lost one in the mail. She was not in agreement with this suggestion. I told her I would keep the card and to order a replacement. As me being the non-custodial who was given the SSC by her am I violating any laws? As the non-custodial parent/father am I entitled to our son's SSC?
JAG
00Z-AG: Command Sergeant Major AG
Posted 2 y ago
Responses: 6
I would heartily advise you not basing any action on a legal advice solicited on a social media platform. However, I agree with SSgt Christophe Murphy in that it doesn't sound like you did anything wrong since you are still a legal parent and just have a contentious relationship with your ex.
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I answered the legal side, but, now for some advice regarding the situation.
Take photocopies of all the documents, and keep those. Get registered copies, if possible. 90 times out of 100, these will be usable for whatever you need. Of the remaining 10 times, 9 of those needing the original document will also be things involving the presence of the child.
So... you have your registered copies, she has hers. Then you have a binder, which travels with the child, and stays with whichever parent physically has custody at any given time. Birth Cert, SSC, Vax records, prescription records, emergency medical records (like allergies or chronic emergent conditions such as epilepsy), passport (if child has one), etc.
Both parents have copies of all of the data. Parent who currently has the child has the originals. 99.7% of the time this prevents any docs needing to be mailed back and forth.
Take photocopies of all the documents, and keep those. Get registered copies, if possible. 90 times out of 100, these will be usable for whatever you need. Of the remaining 10 times, 9 of those needing the original document will also be things involving the presence of the child.
So... you have your registered copies, she has hers. Then you have a binder, which travels with the child, and stays with whichever parent physically has custody at any given time. Birth Cert, SSC, Vax records, prescription records, emergency medical records (like allergies or chronic emergent conditions such as epilepsy), passport (if child has one), etc.
Both parents have copies of all of the data. Parent who currently has the child has the originals. 99.7% of the time this prevents any docs needing to be mailed back and forth.
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Laws vary from state to state, sometimes even county to county (California is one of the worst in this aspect). ESPECIALLY child and family laws. I had a case recently where the father abducted the child, fled the state to another state and enrolled the child in school in the new state. The new state said they were not legally allowed to do anything - despite warrant and abduction - because child was enrolled in school.
Do not assume anything on this. Even JAG can't help you, here, unless they are members of the bar in your specific state. If there is a court-ordered custody agreement, that ALSO has a very large say in the legality (or lack thereof) of any specific action.
Grab any and all paperwork involving custody and go talk to a local lawyer. Seriously, anything we tell you could be wrong. It may be legal in 48 states, and almost all of the counties of the other 2. But you live in one of the 5 counties in the US where it is illegal. Just as a possibility, not saying it is the actual situation. But you won't know until you talk to a local lawyer.
Most places have free initial consultation or at least low cost legal advice.
Do not assume anything on this. Even JAG can't help you, here, unless they are members of the bar in your specific state. If there is a court-ordered custody agreement, that ALSO has a very large say in the legality (or lack thereof) of any specific action.
Grab any and all paperwork involving custody and go talk to a local lawyer. Seriously, anything we tell you could be wrong. It may be legal in 48 states, and almost all of the counties of the other 2. But you live in one of the 5 counties in the US where it is illegal. Just as a possibility, not saying it is the actual situation. But you won't know until you talk to a local lawyer.
Most places have free initial consultation or at least low cost legal advice.
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SGT (Join to see)
I understand everything you've said. I will consult with a attorney...as for it possibly being illegal in my county...would it more likely be based on the state/county where the child resides(bay county,FL).
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SFC Casey O'Mally
SGT (Join to see) I am not an attorney, so take this for what it is worth...
Generally speaking, you cannot commit a crime without being there (but having a "virtual presence" often counts, such as a make a threat over the phone can be a crime where you are and/or where the call was picked up, or you can do things over the internet / dark web / other virtual tool that "touch" someplace else, like planting a bug in a power substation).
But if the SSC was freely and willingly shipped to you, then the criminal laws of Bay County are *likely* not applicable to you (assuming you are not ALSO in Bay County). That may not protect you from civil liability if she sues for some contrived reason, because as the aggrieved party, she would sue where she is based. But that is a whole different ball of wax.
Again, I am not a lawyer, so if/when you talk to one, completely forget everything I said and take their word for it.
Generally speaking, you cannot commit a crime without being there (but having a "virtual presence" often counts, such as a make a threat over the phone can be a crime where you are and/or where the call was picked up, or you can do things over the internet / dark web / other virtual tool that "touch" someplace else, like planting a bug in a power substation).
But if the SSC was freely and willingly shipped to you, then the criminal laws of Bay County are *likely* not applicable to you (assuming you are not ALSO in Bay County). That may not protect you from civil liability if she sues for some contrived reason, because as the aggrieved party, she would sue where she is based. But that is a whole different ball of wax.
Again, I am not a lawyer, so if/when you talk to one, completely forget everything I said and take their word for it.
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