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 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 44. MILITIA

  § 44-47. Period of enlistment - Qualifications - Reenlistment - Oath - Relinquishment of custody of minor child.  

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  • 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 600-200 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,

    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.