Am I required to have a family care plan without legal custody?

SSG Private RallyPoint Member — Sun, 02 Feb 2025 13:14:15 -0500

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?

Response by MSG Private RallyPoint Member made Feb 2 at 2025 1:29 PM

MSG Private RallyPoint Member — Sun, 02 Feb 2025 13:29:46 -0500

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.

Response by MAJ Byron Oyler made Feb 2 at 2025 9:03 PM

MAJ Byron Oyler — Sun, 02 Feb 2025 21:03:53 -0500

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.

Response by SPC Joshua Blotzer made Jul 19 at 2025 9:55 PM

SPC Joshua Blotzer — Sat, 19 Jul 2025 21:55:55 -0400

The only thing I would add to what's already been posted is to suggest that you and your spouse have a conversation with a lawyer to discuss potential issues so that everyone is on the same page. As someone with two stepchildren, custody issues can get hairy very quickly and all the adult parties being active duty only makes the potential issues that much more complex. Depending on their ages, including the children in the discussions may be worth considering.