B-5363, SEPTEMBER 1, 1939, 19 COMP. GEN. 311

B-5363: Sep 1, 1939

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WHO IS NOT POSSESSED OF PROPERTY OR INCOME FOR ITS SUPPORT. IS RELINQUISHED TO THE FATHER BY ITS MOTHER AND THE CHILD IS TAKEN INTO THE HOUSEHOLD OF THE FATHER WHERE IT IS SUPPORTED AT HIS EXPENSE. IT IS REGARDED THAT THE FATHER HAS A CHILD IN FACT DEPENDENT UPON HIM WITHIN THE MEANING OF SECTION 4 OF THE ACT OF JUNE 10. REIMBURSEMENT FOR THE COMMERCIAL COST OF TRANSPORTATION FOR SAID MINOR CHILD FOR TRAVEL ON PERMANENT CHANGE OF STATION IS AUTHORIZED. 1939: THERE HAS BEEN RECEIVED YOUR REQUEST FOR DECISION WHETHER YOU ARE AUTHORIZED TO PAY A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF MAJ. NELSON IS HIS LEGITIMATE CHILD AND HAS BEEN IN THE LEGAL CUSTODY AND CONTROL OF THE MOTHER OF THE CHILD BUT IS NOW IN HIS CARE.

B-5363, SEPTEMBER 1, 1939, 19 COMP. GEN. 311

TRANSPORTATION - DEPENDENTS - CHILDREN - CUSTODY AND CONTROL RELINQUISHED TO THE FATHER BY ITS MOTHER WHERE THE CARE AND CUSTODY OF A MINOR CHILD, WHO IS NOT POSSESSED OF PROPERTY OR INCOME FOR ITS SUPPORT, IS RELINQUISHED TO THE FATHER BY ITS MOTHER AND THE CHILD IS TAKEN INTO THE HOUSEHOLD OF THE FATHER WHERE IT IS SUPPORTED AT HIS EXPENSE, IT IS REGARDED THAT THE FATHER HAS A CHILD IN FACT DEPENDENT UPON HIM WITHIN THE MEANING OF SECTION 4 OF THE ACT OF JUNE 10, 1922, 42 STAT. 627, AS AMENDED BY THE ACT OF FEBRUARY 21, 1929, 45 STAT. 1254, AND REIMBURSEMENT FOR THE COMMERCIAL COST OF TRANSPORTATION FOR SAID MINOR CHILD FOR TRAVEL ON PERMANENT CHANGE OF STATION IS AUTHORIZED.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO LT. COL. W. M. DIXON, UNITED STATES ARMY, SEPTEMBER 1, 1939:

THERE HAS BEEN RECEIVED YOUR REQUEST FOR DECISION WHETHER YOU ARE AUTHORIZED TO PAY A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF MAJ. FRANK NELSON, CAVALRY, UNITED STATES ARMY, COVERING REIMBURSEMENT FOR THE COMMERCIAL COST OF TRANSPORTATION FOR HIS MINOR CHILD FOR TRAVEL FROM BURLINGTON, IOWA, TO NEW YORK CITY, IN CONNECTION WITH THE OFFICER'S PERMANENT CHANGE OF STATION FROM DUTY AT BURLINGTON, IOWA, TO THE PHILIPPINE DEPARTMENT, PURSUANT TO PARAGRAPH 14, SPECIAL ORDERS NO. 36, DATED WAR DEPARTMENT, WASHINGTON, FEBRUARY 13, 1939.

MAJOR NELSON CERTIFIES THAT JEANNETTE C. NELSON IS HIS LEGITIMATE CHILD AND HAS BEEN IN THE LEGAL CUSTODY AND CONTROL OF THE MOTHER OF THE CHILD BUT IS NOW IN HIS CARE, CUSTODY, AND CONTROL IN ACCORDANCE WITH ARRANGEMENTS BETWEEN HIMSELF AND THE CHILD'S MOTHER; THAT THE CHILD RESIDED WITH HIM AT BURLINGTON, IOWA, FROM AUGUST 1937 UNTIL APRIL 6, 1939, AND ACCOMPANIED HIM TO NEW YORK, PORT OF EMBARKATION, AND THENCE TO FORT STOTSENBURG, PHILIPPINE ISLANDS, WHERE SHE NOW RESIDES WITH HIM.

THERE IS A CERTIFICATE OF THE MOTHER ATTACHED TO THE PAPERS THAT SHE HAS RELINQUISHED TO THE OFFICER THE CUSTODY OF THEIR DAUGHTER FROM 1937 TO THE COMPLETION OF HIS TOUR OF DUTY IN THE PHILIPPINE ISLANDS.

WHERE IT APPEARS, AS IN THIS CASE, THE CARE AND CUSTODY OF A MINOR CHILD, WHO IS NOT POSSESSED OF PROPERTY OR INCOME FOR ITS SUPPORT, IS RELINQUISHED TO THE FATHER BY ITS MOTHER AND THE CHILD IS TAKEN INTO THE HOUSEHOLD OF THE FATHER WHERE IT IS SUPPORTED AT HIS EXPENSE, IT IS REGARDED THAT THE FATHER HAS A CHILD IN FACT DEPENDENT UPON HIM WITHIN THE MEANING OF SECTION 4 OF THE ACT OF JUNE 10, 1922, 42 STAT. 627, AS AMENDED BY THE ACT OF FEBRUARY 21, 1929, 45 STAT. 1254. SEE A-97172, DATED AUGUST 22, 1938.

PAYMENT OF THE VOUCHER, RETURNED HEREWITH, IS AUTHORIZED, IF OTHERWISE CORRECT.

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