Separation due to the responsibilities of parenthood is covered under paragraph 5-8, AR 635-200, “Involuntary Separation Due to Parenthood.” IAW this paragraph, Soldiers will be considered for involuntary separation when the obligations of parenthood interfere with fulfillment of military responsibilities.
Specific reasons for separation under this paragraph include, but are not limited to:
- Inability to perform prescribed duties satisfactorily.
- Repeated absenteeism.
- Repeated tardiness.
- Inability to participate in field training exercises or perform special duties such as CQ and staff duty noncommissioned officer (NCO).
- Non-availability for worldwide assignment or deployment according to the needs of the Army.
Separation is not mandatory. If the command determines that they can work with the Soldier’s situation, then the command may decide not to separate. I have also seen units that decide if a Soldier is within 12 months of their ETS date, they will not separate the Soldier early, but work with that Soldier to complete their contract. This normally occurs when the unit is not on a rotation schedule for say NTC or JRTC before the Soldier’s ETS.
My wife is about to start college and will not have time all the time to watch my son there for having to bring him to daycare he is 3 months old and I’m currently on rotation in germany would sending a 3 month old to a daycare be considered good evidence for separation due to responsibilities due to parenthood also me not being home with him considered by definition neglect which is stated as needed in the regulation. Or is a possibility my unit would rather send me back to the states than discharge me?
This response is provided based on the information you shared and should not be used as the sole source for making a decision. You should seek guidance from the chain of command, IG, JAG or other certified agencies before making any decisions. How you chose to use this information is totally up to you and is your sole responsibility.
The information you provided in my opinion would not qualify or be evidence for a separation under AR 600-20 Family Care Plan and/or AR 625-200 the Separation Regulation.
There is the alternative of child care and that is a reasonable solution.
If you or your wife fail to provide proper oversight and care for your child the commander could consider separating you with an involuntary family care plan separation. Taking this as a willful course of action could be considered a violation of the UCMJ as you have reasonable alternatives at your disposal
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Due to COVID I have not been able to have any family over to watch my child. I do not have anyone I can trust watch her during duty days. My husband and I are dual military but different branches.
I have been wanting to take my daughter out of the CDC for concerns regarding the virus. Since a lot of people have been getting sick.
My unit has informed me that Although they are processing my family care plan chapter, I cannot remove my child from the cdc.
Do I have the right? Since I am already receiving the chapter?
This response is based on the information you provided and is not legal advice. Do not use this information to make a decision. Do your own research and consider using your chain of command and/or the IG/JAG before making your final decision.
Noemi, you can remove the child but must have some form of child care. You cannot remove the child from care and then stay home. The unit expects you to remain at work during the chapter process.
I imagine this is not the answer you were looking for but the unit is within their right to have you remain at work until you start clearing the unit.
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So my wife and I are both officers in the Army (Active Duty) but have yet to complete our prescribed commitment time. Our pregnancy is unplanned and we can’t seem to come up with a valid family care plan. Our families are both unfit and unwilling to take care of the child and all other options have been exhausted. Is it possible for my wife to be separated as we are both unable to maintain a family care plan? We have been looking into different regs and some regs seem to nagged what others say.
Please email me your phone number at: Mark.Gerecht@mentorinc.us this is a discussion we would want to have off line. You can also review AR600-8-24 Hope this helps. Look forward to speaking with you.
It is best to discuss this off line. Please email me at: Mark.Gerecht@Mentorinc.us
I have 2 children to care for and unable to attend drill due to no care plan or having someone to watch then. I have had to bring them to drill many times. My commander has submitted the separation packet. How long could this take and what are the next steps if it is denied?
Processing time is depends on how fast your unit and the HQ’s above you processes the packet. There is no set time limit. From experience I would say between 30-60 days would not be unreasonable.
Hope this helps!
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Note: This response is based on the information you provide. My comments do not represent the US Army or US government positions. Furthermore, my comments should be used for information purposes only.
So my wife has SVT, and P.O.T.S, It is a heart condition to where she has “attacks” everyday, when an episode happens she can’t breath, she can’t move, she can’t even speak, her heart rate goes to 254 bpm to where I’ve taken her to the emergency room several time, I was supposed to get a family care plan two months ago we were unable to, but they never started the separation, they literally refuse to start it and my wife needs to move back home bc of the low altitude, that is the reason all this is happening because of the high altitude here I can’t preform duties such as SD or CQ or fields and I don’t plan on extending or re-enlisting.
Is a family care plan supposed to cover instances where a child is sick or other such last minute things that prevent him from going to daycare?
If your chain of command wants to play by the letter of the law yes. You can request to take leave, work from home (if your unit allows that option), and/or have someone watch your child such as a daycare provider. Other than these options the only other option is the family care plan.
Im a single parent and have. A 4 year old daughter. The father is barely in the child life and he don’t even have a phone. My mother is the only one on the child care plan and she isn’t able to watch her on my drill weekends. So I’m no longer able to make it to drill sometimes. Will I be able to qualify for involuntary?
This is something you will need to discuss with your drill unit. I am not sure how it works with the active reserves or state national guard. I would suggest you speak with your Platoon Sergeant and/or First Sergeant and let them know your situation. Sorry I could not be of more help, but active reserves and national guard regulations are entirely different than active duty cases.
We have 4 children…3 are 4 years and younger. I have a work-from-home job and tons of student loan debt. If I put our children in daycare, it would defeat the point of working. My mom had to have surgery and will be having another in 4-6 months. We have no other family to help with the kids. If he was separated, due to the family care plan, would we be entitled to any medical benefits? He’s been in for 10 years.
A family care plan is only required for single military parents or married couples when both are in the military. If I understand your situation correctly, your husband is active duty and you are his dependant. That being the case, your husband is not required to have a family care plan as you are there to care for the children. The family care plan is intended to identify who will take care of the service member’s minor dependants in the event the service member is deployed. In your situation, as his non-military spouse, he does not require a family care plan.