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family care plan chapter

Customer Question
family care plan chapter
Submitted: 7 years ago.Category: Military Law
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Answered in 1 minute by:
8/12/2010
Military Lawyer: P. Simmons, Military Lawyer replied 7 years ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,246
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Do you have a question?
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Customer reply replied 7 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.

Military Lawyer: P. Simmons, Military Lawyer replied 7 years ago
If your married, your married. Period.

So that would make you "dual military"/
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Customer reply replied 7 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
Military Lawyer: P. Simmons, Military Lawyer replied 7 years ago
ahh...I see. so what is your question exactly?
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Customer reply replied 7 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.

Military Lawyer: P. Simmons, Military Lawyer replied 7 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?
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Customer reply replied 7 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
Military Lawyer: P. Simmons, Military Lawyer replied 7 years ago
Yes, I understand that..but if you do not comply with the FCP they can give you an OTH discharge...do you understand that?
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Customer reply replied 7 years ago

please explain more by complying

Military Lawyer: P. Simmons, Military Lawyer replied 7 years ago
Ch 5 of AR 635-200 is the regulation that allows them to separate you. You can see the regulation here

http://www.sdmcp.org/Regs/armyenlistedseps.pdf

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
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,246
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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