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I’m in the navy and am having issues fulfilling my family…

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Hi, I’m in the...

Hi, I’m in the navy and am having issues fulfilling my family care plan due to changes within my caregivers. They have become unavailable to watch my daughter for the upcomind deployment in April. My care plan had me parents and my daughters -dads parents on it. They have all become unavailable. I notified my command and they said i have to get letters of some sort from all of the people i have asked to watch my daughter(even outside of the ones in my FCP) stating why they can’t watch my child, then we will proceed with putting forth a package for not having a family care plan. My coordinator keeps telling me that there’s no guarantee that the navy will pick what’s in my best interest. And my concern is also that i won’t have an answer before our deployment in 2 months. What are the chances the navy will sent me from being separated or relocated & how long until i have an answer? Thank you for your time .

Lawyer's Assistant: Because consumer protection law varies from place to place, can you tell me what state this is in?

Virginia.

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

Yes. They have been notified

Submitted: 3 months ago.Category: Military Law
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Answered in 8 hours by:
1/1/2018
Military Lawyer: Marsha411JD, Lawyer replied 3 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,764
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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Hello,

Thank you for the information and your questions. However, I am not exactly clear on what you were asking in the following question "What are the chances the navy will sent me from being separated..." If you are asking what are the chances that the Navy won't separate you for lack of a parenting plan, then the answer is that there is some chance. I say that because it is the Navy's discretion what they do with a servicemember who fails to have a parenting plan in place. You can read the Navy Regulation discussing this issue at the following link and see what the Command's options are: http://www.public.navy.mil/bupers-npc/reference/milpersman/1000/1900separation/documents/1910-124.pdf

As far as how long before a decision is made, that really depends on the administrative work load of the Command and Headquarters and how soon you can produce the information they want. Normally though, decisions can come pretty fast once all of the paperwork is in. Anywhere from a few weeks to a few months. You might also want to read the following brief that Navy JAG has prepared on this issue, which should answer many of your general questions about what can happen in your case: http://www.jag.navy.mil/legal_services/documents/PreventativeLawSeries-FamilyCarePlan_Sep09.pdf

Please feel free to ask for clarification once you have read both of the references I provided. If none is needed, then if you could take a moment to reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

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Military Lawyer: Marsha411JD, Lawyer replied 3 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 1st. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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