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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18811
Experience:  Lawyer and current JAG officer.
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I am dual militay with a 5mo old daughter. what do I need to

Customer Question

My name is***** am dual militay with a 5mo old daughter. what do I need to get ou ton a chapter 5
JA: OK. The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Military Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: My husband is deployed and I am on gate guard and supposed to be in at 0430 but the daycare does not open until 0545 so i have been going into work late because I do not have anyone to take her to before i go to work
JA: Is there anything else the Military Lawyer should be aware of?
Customer: not that i can think of
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.
Submitted: 9 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 9 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

You would have to request command to separate you. If you have already submitted a family care plan, they can't do the involuntary separation process based on failure to do so. Instead, they'll either have to separate you involuntarily because your family life is interfering with military service or based on your voluntary request.

You certainly have the facts here for command to do either of those, but unlike the voluntary separation for pregnancy there is not a right to separation based on family hardship. What I mean by that is that the commander has the discretion on whether or not to process it. You approach your command, give them the facts about your family situation and the day care issue, and then state that with your dual military situation you are requesting that they process a Chapter 5-8. The commander can either process it or refuse. If they refuse, there isn't anything that you can do to force the situation.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 9 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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