Posted on Feb 2, 2025
Am I required to have a family care plan without legal custody?
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I am an Active Duty SM, no dependents.
My spouse is an Active Duty SM with 50/50 custody over three children with another Active Duty SM.
Am I required to have a FCP? Am I required to participate in their FCP?
My spouse is an Active Duty SM with 50/50 custody over three children with another Active Duty SM.
Am I required to have a FCP? Am I required to participate in their FCP?
Posted 2 mo ago
Responses: 2
If I am reading correctly AR 600-20, Section 5-3b(5), then I would say that you would be in the gray area of needing one. That section, depending on the point of view for the reader, is that you would need one or you wouldn't need one. Your spouse certainly does. I would certainly stop by Legal to see what they say.
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What it really comes down to is your unit; if they require you to have one, then just make it happen. In my opinion, if you and your wife deploy, then it is their father's responsibility. Do you have them listed in your DEERs as dependents? That could be the approach your unit takes.
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SSG (Join to see)
No, sir, I do not have any dependents listed in DEERS. Only military spouse. I receive single BAH. That is what puzzles me the most. I am put in the position where I have to assume responsibility over other two SM’s children just because I am married to one of them without any claims to custody over those children. Seems like an unfair deal.
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SSgt (Join to see)
SSG (Join to see) - Generally in blended family situations a stepparent does assume some level of responsibility of the children, but the family could be structured in a manner in which you would not be a designated caretaker of the children. It would require both of the parents having on their family care plan as well as living wills that you will not assume care of the children designating another third party as short and long-term custodian.
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A1C Medrick "Rick" DeVaney
SSgt (Join to see) -
During My 1st Marriage We Had 2 Daughters
And During The Entire Divorce Proceedings There Was One "L" Of A Custody Battle,
It Was "A Fight To The Finish" Because Neither Of Us Wanted Custody!
During My 1st Marriage We Had 2 Daughters
And During The Entire Divorce Proceedings There Was One "L" Of A Custody Battle,
It Was "A Fight To The Finish" Because Neither Of Us Wanted Custody!
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