If you are dual military with children and you divorce, what happens?
Me and my husband are both Active Duty military currently on Compassionate Reassignment for our infant son. We want to get a divorce, but we know that we will not be stationed together anymore and both want to be with our son. He has dire health problems so we will be EFMP for our whole careers. WE ARE BOTH EFMP and have been granted JOINT DOMICILE. Will be we kept together for our son if we divorce?
That's what I figured. Thank you.
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Well first, the military is not going to let you continue serving indefinately in a non deploable status.
EFMP is only a consideration when making assignments.
So no, you probally will not be kept at the same post after a divorce.
EFMP is more about trying to make sure thier are support service for the child, than making sure the parents are both there.
So the military will try to use EFMP to insure atleast one parent is stationed at a post with the required support services for you child.
But they aren’t gonna go out of thier way to do so for both parents.
More than likely, the military will end up telling one parent to to be administratively discharged.
Or the military will desiginate one parent as the provider of the child for EFMP purposes and only that parent will receive assignment consideration.
What you can do is ask that one of you receives a humanitarian assignment, that assignment would allow either one of you to PCS to where ever the child is…that has to be approved, but all you’d need tgeo t doctor’s statements etc. saying what the problem is and so on…you can look it up or speak to leadership about it..if you are in the AF hit me up on email and I’ll tell you exactly where to find the literature from…Good luck
Its important to add that no matter who gets custody the child will have EFMP status and coverage. You may very well get a compassionate reassignment to locations that have the medical needs of your child, but you will still be able to deploy.
You will be required to have a family care plan. When (if) your unit comes under orders you will have to activate the care plan and deploy. If you try to side step the system and have a FCP that ‘fails’ they can process you for separation. You could transfer custody back to your spouse who is active to retain medical, however the spouse would then need a FCP. Again, if that one fails as well, separation can result.
However, you could have a nice chain of command, who will allow you to stay on Rear Detachment in the event of a deployment, who knows.
I wish you and your child the best of luck!
No you will not, you will fall off the married couples program and the next PCS that comes your way he will not get. Once you are divorced thats the end of that. You bth will be required to do a family care plan for when ever that person has that child. Now whoever get the majority physical custody of the child will be the one on EFMP and can only be stationed in places that can take care of your son.
Good Luck