Legal Question in Military Law in Virginia

My husband and I are dual military, both Navy. We recently had our first child and of course the Navy now needs a family care plan. Since we cannot come up with a plan which allows both of us to be worldwide deployable we are required to put in a noncompliance. My command tells me that Since I am in a more technical rate that costs more money to train the navy will keep me and kick my husband out. I am absolutely uncomfortable with my husband watching my daughter for 6 months or longer at a time because he has proven to me that isnt responsible enough time and time again. I know we have equal legal rights to our daughter, but as a mother what is my right to say that I will not leave my daughter home with my husband for a deployment?


Asked on 12/02/09, 8:35 am

1 Answer from Attorneys
Neal Puckett The Law Firm of Puckett and Faraj, PC

The Navy cannot tell you which of you "has to leave the Navy." That decision is between you and your husband, regardless of the comparative needs of the Navy based on your two rates. I can't give you either legal or personal advice in that regard, but some people choose someone other than their spouses as part of their family care plan. As to your rights, if you want to stay in the Navy, and you don't want to choose your husband as the care giver for your deployments, you are at liberty to choose anyone else who is willing to undertake that responsibility. But you do have to have a family plan and you do have to choose someone, if not your husband. The alternative is that one of you has to separate from the Navy. And that decision is between you and your husband.

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Answered on 12/08/09, 9:23 am


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