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Family Care Plan - military-related question

SMof2Girls's picture

BM moved to her new command back in May (early June). It's our understanding that she would have had to complete and submit a new Family Care Plan at that time. Her address changed, her mother was previously listed as temporary custodian until DH could assume custody (due to the distance, this wouldn't happen immediately), and her mother's address has now changed as well (her mom lives with her).

DH was required to sign the first one because he is the caregiver of the minor children in the event she is deployed.

She never provided a new one to be completed. DH requested a copy of the new one and she's claiming they didn't make her turn in a new one because nothing changed .. but that's not entirely true.

So military folks .. is this common? Everything we've read online says a new one has to be submitted at every new command. When DH was military, skids weren't born yet, so he didn't have to deal with this personally.

At the end of the day, I don't suppose it matters all that much. If she were deployed, DH would get the kids. DH has a suspicion that she either forged the document with his signature, or that she has listed someone else (which would just be dumb).

The-StepDevil's picture

A new Care Plan must be renewed.

A new Move requires all paperwork to be updated. All new signatures to acknowledge all new updates, from all parties.

If she forged his name, she could get into some serious trouble. Due to the fact they are kicking military personal out for almost any reason these days, fraud would get her in some deep stuff so hopefully she isnt that stupid.

Unless she was misinformed and was not given the correct information. But you are correct, with every new command comes new paperwork.

But unless this is her very first Move, I highly doubt she doesnt know this.

SMof2Girls's picture

Pretty much what I expected.

I don't think she'd be dumb enough to forge his signature .. I have no idea what her incentive is to be shady or lie about crap like this.

DH is like a dog with a bone right now though .. he's itching to get a copy of the updated one and prove some wrong-doing on her part. Not sure I really get the point.

She's now claiming it was a just a one-line update so they didn't require him to re-sign a new version.

The-StepDevil's picture

It's the government! If there is ANY change on the paperwork it must be acknowledged by all parties involved and Signed.

Have you asked to talk to her CO and have them verify that there is no need for a signature after a change in the paperwork?

SMof2Girls's picture

We have no idea who her CO is or how to figure it out. It took us several weeks last year to figure it out while she was in TX. Now that she's re-stationed, he'll have to start over.

He'll be making some calls tomorrow to try and figure out what's what.

The-StepDevil's picture

Wow, she sounds completely shady.

He should be given a copy every time it's updated.

She is screwing you guys hard

SMof2Girls's picture

I'm so used to it that things like this don't even phase me anymore.

She flat out refuses to respond to emails where DH is confirming his custody time (he gets 4 additional weekends per year) so that she can claim she never got them. That's how she withholds time. It's to the point now that DH regularly (about every 2-3 weeks) prints all the emails she's ignoring and sends copies to her via certified mail.

She also keeps skids home from school, telling DH they're sick, so they can hang out with her. Skids keep us pretty well in the loop ..

SMof2Girls's picture

I guess my other question is .. how is she screwing us?

Like I've said, if she were deployed, the court system and custody order would trump any military personnel documentation she's submitted. So yes, she's possibly lying and forging, but is that really screwing DH?

SMof2Girls's picture

No, it basically just says DH would get custody while she's gone, and if deployment is longer than 30 days, the entire custody schedule would switch for all future years. He'd be eligible to revisit CS based on the change in custody time.

I don't see how her FCP would impact that, ya know?

SMof2Girls's picture

Right .. and that's my point. If she were actually deployed or something happened to her, DH would drive down their school and pick them up. It's not like her mother or new beau have any legal right to the skids just because she said so in the FCP.

DH is more interested in catching her in another lie. She lies to him all the time in discreet ways; withholds information, twists facts, remains just vague enough to not actually blatantly lie, etc. So when he sees an opportunity to catch her in a bold-faced lie .. he doesn't want to let it slip away.

No idea how he would actually prove this though. I doubt her command would hand over a copy to him.

StepKat's picture

Punitive Articles of the UCMJ

923. Art. 123. Forgery
Any person subject to this chapter who, with intent to defraud- (1) falsely makes or alters any signature to, or any part of, any writing which would, if genuine, apparently impose a legal liability on another or change his legal right or liability to his prejudice; or (2) utters, offers, issues, or transfers such a writing, known by him to be so made or altered;
is guilty of forgery and shall be punished as a court-martial may direct.

SMof2Girls's picture

The only down side to her getting slammed with forgery and possibly losing her job .. is that she'd immediately file for a child support modification .. Sad

SMof2Girls's picture

I think what boggles my mind .. is that I don't see what she has to gain by forging his name? I mean, DH would get the kids if she were deployed, regardless of what she puts in this stupid document. So why lie about it?

StepKat's picture

The BM HAS to turn in a new one EVERY TIME she starts a new command. That is per military regulations! My DH, even though he doesn't have full custody, has to fill out and submit a new Family Care Plan every year and it's especially important if he is transferred or deployed. If she does not follow regulations, you can go to Family Readiness or consult a JAG officer. These care plans are very important in the case the parent is deployed.

SMof2Girls's picture

Even though DH is not military? Would they really give him a copy?

He's going to make some calls tomorrow, but I don't expect he'll get much out of it.

SMof2Girls's picture

Her most recent email:

"The family care plan has NOT been updated to reflect in changes of the arrangment for care of our children. The current family plan on file with my employer is the same as before as it is stipulated by our custody agreement that if I deploy the girls would be in your care. This is required by Navy policy that if I have dependants I have a plan in place for their care in cases of deployment or any emergency situation. The current address for my mother has been updated to reflect her current residence. This is also done on my page 2 to reflect where my dependants are located. Common sense would apply to this situation as far as my mother being listed. A family care plan is not just for deploying it also covers emergency situations. The girls are minors and would be in my mother's care for as long as it would take for you to receive them upon an emergency were I will be incapcitated and unable to care for them.
This is not a change I feel comfortable making as you are not my emergency contact for my employer and that is what this form is for. I will provide you a copy of the one line changes made to the address portion."

Does that make sense?

StepKat's picture

This will be a bit long but this is what is suppose to be in the FCP:

What Must be in a Family Care Plan?
The requirements for a Family Care Plan may vary somewhat depending on the service or
the member’s particular circumstances. However, all plans must contain the following basic information:
• The name and contact information of the member’s caregiver and alternate caregiver. The caregivers selected must be non-military, at least 21 years of age, and capable of caring for themselves and the member’s family. The member must sign a statement certifying that the caregiver has accepted responsibility for the care of the member’s family members. The statement must maintain that the member has provided the caregiver with necessary information and copies of all documents required to be included in the Family Care Plan, such as power(s) of attorney. Note: The existence of a custody order will affect whom the member can designate as caregiver. See discussion below.
• Provisions for short- and long-term absences.
• Financial arrangements that ensure the self-sufficiency and financial security of the family members including documentation of allotments and other financial resources and descriptions of how they will be used. The member must also include a copy of his or her power(s) of attorney with the plan. Note: The existence of a child support order will impact this information
• Logistical arrangements for transporting family members and/or caregivers to a new location. If the member has different caregivers for short- and long-term absences, the member’s plan should address transporting family members from a short-term caregiver to a long-term caregiver in the case of deployment (or other lengthy separation) with little or no notice.
• The name of any noncustodial biological or adoptive parent not named as the caregiver, along with that parent’s consent to the Family Care Plan. NOTE -- If the parent will not consent to the third party caregiver, the member must explain the absence of such consent in writing and acknowledge the availability of legal counsel to discuss the associated risks and the best possible course of action (including the possibility of incorporating the family care plan into a temporary order by a court of competent jurisdiction).
• The name of the person the member designates to have temporary responsibility for the member’s dependent family members in the event of the member’s incapacity or death. If the member has named someone in his or her will to have custody of his or her children in the event of death, the Family Care Plan should still designate someone to be responsible until permanent custody can be established legally. It may or may not be the same person as the caregiver.

SMof2Girls's picture

Right. So as far as I can tell, the only thing that will really change is the last bullet. This person is currently listed as her mother with an address in San Antonio, TX (which is not current). BM is saying she made a one-line correction to fix that.

I don't think it's necessary for BM's mom to be listed since DH is so close, but I don't think it's really against the rules either.

StepKat's picture

The best thing you can do is talk to a Family Readiness personal or a JAG. You don't have to list names or anything, just ask how important or what can happen with the FCP.

StepKat's picture

And one more:
Although a Family Care Plan is a very useful tool for addressing parenting issues, it does not take the place of a court order related to custody or access/visitation. Therefore, despite the presence of a Family Care Plan, either parent may seek a court order concerning access/visitation and/or custody. Sometimes the process of preparing the Family Care Plan can highlight issues that might warrant seeking a modification of any existing child support or child custody order. If there
is a conflict between the Family Care Plan and the court order, the order prevails.

On the other hand, the presence of a court order does not eliminate the need for a Family Care Plan. If a person falls within the required categories of individuals under DoD Instruction 1342.19, he or she must prepare a Family Care Plan. The member should ensure that the Family Care Plan is consistent with the court order; the member may wish to incorporate certain provisions of the court order into the Family Care Plan.

I would still be suspicous if she didn't want him to read it and she faked his signature.

SMof2Girls's picture

*moved

StepKat's picture

Google "A Handbook for Military Families" It's a PDF that has alot of good info in it.