Legal Question in Military Law in Florida

Family care plan

I have been in Army Res. for 7yrs. as an Officer-Direct Commission. At the time I joined I was legally single. A year ago, I received full custody of my son, changing my status to single parent. I never heard about FCP until I was notified that I was scheduled for deployment. Eight months later I was notified that I was scheduled for deployment 2wks later. When I contacted the person that was suppose to take care of my son, I was told that she can not do it. I immediately notified my unit, I was told that the first deployment was postponed and the issue had to be resolved. I am not able to provide a FCP in a short notice because my son suffers from a medical condition that needs continous visits to the doctor and hospitalizations and I have not found someone willing to take responsibility. (Biological mother has no parental rights) Since I notified the unit, they began requesting medical documentation (no formal request, verbal only) relating to my son: calling the hospitals/doctor without my authorization. I was called to a meeting with the unit commander on short notice. What are my rights? What is the worse case scenario? Will I need an attorney?


Asked on 6/30/09, 9:38 pm

1 Answer from Attorneys
Scot Sikes Law Offices of Scot Sikes

Re: Family care plan

You really should consider seeking the advice of counsel --- even if it's a military attorney (JAG) -- given your seven years in service. Have you familiarized yourself with the regulation governing Family Care Plans? You need to be intimately familiar with your rights (and obligations). The problem as I see it is that if you are unable to provide the command with a viable FCP, they can initiate separation. I realize this would seem inherently unfair given the double standard out there relative to others similarly situated who are not being pressed for FCPs, but I am telling you what could happen.

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Answered on 7/11/09, 7:25 am


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