Family Care Plan in a Military Divorce

There are many unique challenges when it comes to military divorce — particularly when children are involved. While an order outlining child custody and visitation would be issued by the civilian court in connection with the divorce proceedings, there are also certain military requirements that must be complied with. Significantly, a family care plan is a document mandated by the Department of Defense that is meant to help divorced servicemembers ensure the well-being and care of their children in the event of deployment or relocation.

What is a Family Care Plan?

A family care plan is a tool that helps ensure minor children are cared for in the event a service member parent is absent due to their military duties. These documents are required in all branches of the military in certain cases when a service member deploys or is relocated. In addition to ensuring that arrangements are made for the child’s care in the servicemember’s absence, family care plans can also help to protect the servicemember’s parental rights in divorce.

While all servicemembers with children are encouraged to have a well-drafted family care plan in place, they are required of servicemembers in the following situations:

• Single parents who have joint or full legal and physical custody
• Dual-military couples with children
• Pregnant servicemembers who are single, divorced, widowed, or separated
• Primary caregivers of dependents

A family care plan is not the same as a custody order — these documents are not signed by a judge and the court is not involved in reviewing them. However, they must be submitted to the servicemember’s commanding officer and approved. Family care plans must also be reviewed annually and kept up to date. They must be revised when there is any change in family circumstances, such as divorce or the birth or adoption of a child.

What are the Elements of a Family Care Plan?

A family care plan is a planning tool, not a legal document. Importantly, it cannot change a court order. It’s essential to consider any existing custody arrangements that are in place when creating the plan. Co-parents should work together to ensure both the custody order and the family care plan align. If the two documents are not consistent and a parent follows the terms of the family care plan rather than the custody order, the other parent could file a motion in court to enforce the order.

Specifically, a family care plan can address the following:

• Who the child’s caregiver will be in the servicemember’s absence
• Financial arrangements to ensure the child’s needs are met
• Medical information for the child
• Arrangements for daily activities
• Schedules and daily routines
• Details about family rules
• Arrangements for the child’s housing, food, and transportation
• Educational arrangements for the child
• Emergency contacts
• Location of important documents
• A plan for communication

There are a number of documents that must be submitted with a family care plan to ensure it is valid. The necessary documents can vary, depending on the servicemember’s specific circumstances. For example, a divorced or separated servicemember would need to submit a copy of any existing custody order or separation agreement with the plan. Additionally, a power of attorney may be included with a family care plan to grant the child’s caregiver the legal authority to make decisions on the servicemember’s behalf if the caregiver is not the child’s other parent.

Can a Custody Order be Changed During Deployment?

A military deployment doesn’t automatically change a custody arrangement that is already in place. Nevertheless, either parent can request a temporary modification to reassign custody in the servicemember parent’s absence. The judge will typically give preference to the child’s other parent in such cases, unless the court finds it would not be in the best interests of the child. Notably, a custody order cannot be permanently changed while a service member is deployed due to the Servicemembers Civil Relief Act.

If child custody was modified temporarily during a parent’s deployment, the arrangement would revert back to the original custody order upon their return. However, if the non-deployed parent believes it would not be in the best interests of the child to return to the custody arrangement in the previous order, they would have the burden of proof to establish that is the case.

Military families do not need to involve a judge when it comes to creating a custody agreement. Mediation can help co-parents communicate in an effective manner and reach a resolution outside of court that meet the needs of their family — and ensure the best interests of their children are met. Often, creative solutions can be found in mediation that might not otherwise be achieved in the courtroom.

Contact an Experienced Missouri Military Divorce Attorney

If you or your spouse is a service member and you are facing a child custody issue, it’s vital to have an attorney by your side who understands your unique needs. Providing personalized time and attention in every case, divorce and family law attorney Mark A. Wortman offers reliable representation to military members and their families in the greater Kansas City, Missouri area for divorce matters and a broad scope of family law issues.

If you are going through a civilian or military divorce, schedule a confidential consultation to learn how attorney Mark A. Wortman can help with your case. Please contact him today online or by calling (816) 523-6100.