Thank you for that information
What you are describing, your commander can, absolutely, require a family care plan...and, perhaps more important, they should require one.
The purpose of the family care plan is to ensure a soldier has a plan in place, to care for minor children for which they are responsible to care for, should they be called to deploy.
What you are describing? You have court ordered obligations for child care. IF you were to be deployed tomorrow, who would care for the child during the time when you have the obligation to provide care? IF that answer is not clear? You should not be in the Army.
So the commander can order you complete the family care plan.
If you are not able to come up with a suitable plan? The commander is obliged to process you for separation.
This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you do not have to complete a family care plan, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.