Seeking a divorce in Pasadena as a member of the United States military creates a few extra concerns to deal with. If you are a parent, for example, you will need to have a Family Care Plan on file to describe how you intend to handle child care issues if you are deployed.
Single parents and married couples where both spouses are in the military are required by the Department of Defense to have a Family Care Plan in place to handle childcare issues in the event of deployment. A Family Care Plan must have a short-term care provider, long-term care provider, and care provision details.
The listed care provider can be a friend or family member. Divorced custodial parents often turn to the non-custodial parent to provide care during deployment, but this is an issue you will have to discuss with your ex. If necessary, you can name two different people as short- and long-term caregivers.
The chosen care provider can not be a member of the military, but can be a military spouse. The chosen care provider will be required to sign the Family Care Plan indicating that they understand and accept the responsibility of caring for the children.
Care provision details include providing the authorization necessary to enroll the child in school, seek medical care for the child, and provide for the child's financial needs during the time of separation. You must also include the name of the person who you wish to give custody of your child in the event of your death. This would generally be your child's other parent, but you can name an alternate person and give your reasons for doing so if necessary.
Members of the military have 30 days of the occurrence of change in family circumstances or personal status to notify a superior of their need for a Family Care Plan. After notification, the Family Care Plan must be completed in 60 days. A 30 day extension can be given if there are extenuating circumstances.
A Family Care Plan needs to be reviewed for completeness by a the commander or first sergeant. After the initial review, the plan needs to be updated and reviewed each year to accommodate any changes in circumstances.
How Can We Help?
If you are in need of assistance filing for divorce, please call our office at (626) 683-8113 or email us at info@PasadenaLawOffice.com. Our Pasadena family law attorneys are eager to provide the help you need to move on to the next phase of your life.