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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 32823
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am having trouble coming up with an adequate family care

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I am having trouble coming up with an adequate family care plan for my daughter. My husband is AD military- and will be coming home from a deployment shortly, and I am RC which may be picked up for deployment in the next few months (it's still up in the air). If I cannot come up with an adequate family care plan can I be separated from the Army? *We are both officers. Thank you in advance.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

You COULD be separated if you can not reate a suitable FCP.

That is certainly possible.

Not it is not a certitude...that is, it is not a given your commander will choose to separate you. There are a few ways this could play out, one of the possible outcomes is your spouse's commander separates your spouse (since the obligation to create a suitable FCP falls to both parents)

So if you can not create a suitable FCP? Your commander sure may take the step of processing you for a Board Of Inquiry (BOI) to separate. Or, as I explain, they commander may allow your spouse's commander to take this step.

Let me know if you have more questions, happy to help if I can

Customer: replied 3 years ago.

Thanks so much- we're looking at every option. Neither of us wants to separate- we love our jobs. But we have to figure out what is best for our family. Thanks again for your help!

yes Ma'am

Most likely they would separate you (as the RC soldier)...but understand that is not required...just an option for the commander.
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