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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 32813
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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family care plan chapter

Resolved Question:

family care plan chapter
Submitted: 6 years ago.
Category: Military Law
Expert:  P. Simmons replied 6 years ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Do you have a question?
Customer: replied 6 years ago.

Yes, I do. I currently trying to get out on a family care. My chapter paperwork was sent up to bde however, the csm saids that i a married. i am seperated i understand the the army does not recognize anything but a legal divorce. My child's farther is in the military and is on child support. Does that make us dual military according to the parentage of the child.

Expert:  P. Simmons replied 6 years ago.
If your married, your married. Period.

So that would make you "dual military"/
Customer: replied 6 years ago.
no my husband is a civilan. my childs farther is army. in the family care plan there is a clause for people who have custoday of by court orders
Expert:  P. Simmons replied 6 years ago.
ahh...I see. so what is your question exactly?
Customer: replied 6 years ago.

can i get out on family care plan? both i and the farther is this child are in the army would that make me and him dual military when it comes to taking care of this child. because i am seperated they saying i dont need a family care plan however it is just me and my child. my child is an exceptional family member as well.

Expert:  P. Simmons replied 6 years ago.
I still do not understand your question...what do you mean "can i get out on family care plan?"

You want the Army to discharge you for failing to follow this requirement?
Customer: replied 6 years ago.
yes you can chapter or be discharge involutary or volutary due to parentage not being able to participate in field exercises or deployments
Expert:  P. Simmons replied 6 years ago.
Yes, I understand that..but if you do not comply with the FCP they can give you an OTH you understand that?
Customer: replied 6 years ago.

please explain more by complying

Expert:  P. Simmons replied 6 years ago.
Ch 5 of AR 635-200 is the regulation that allows them to separate you. You can see the regulation here

As you can see, they can (are not requried to but can) separate you if you do not comlete the FCP.

Let me know if you have more questions

P. Simmons and other Military Law Specialists are ready to help you

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