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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
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Experience:  Lawyer and current JAG officer.
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I have been notified that I am to pcs to Korea but I do not

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I have been notified that I am to pcs to Korea but I do not have orders yet. My ex-husband wants to give me custody of my 15year old daughter. If I take custody of her, filed thru the court, will I be chaptered out on family care plan or will they force me to return her and pcs anyhow?

Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.


If you obtain custody of your daughter, they will require that you develop a family care plan. If you refuse, they technically could charge you criminally for violating a lawful order.


Now, that said, that is rarely what happens. Typically, command will initiate a separation for failure of your family care plan. I can't tell you definitively what your command will do, because the law doesn't impose on them a requirement. That would be undo command influence and is actually illegal. The commander has options available to them and chooses from those options.


Certainly, the most common option is processing a family care plan separation. They would flag you from any PCS orders, complete the separation and you'd be out.


The much less common, but legally possible outcome, is that they demand that you make arrangement for your daughter and if you refuse (rather than simply being unable to, due to lack of anyone that could watch her), they could charge you with violation of a lawful order.



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