Family care plan change addresses child custody

A recent change in Defense Department policy highlights why servicemembers and deployable civilians, who also are custodial parents, may want to seek legal help in arranging their children’s care during deployment.

DoD Instruction 1342.19, “Family Care Plans,” was revised in May to require such plans from servicemembers and expeditionary civilians who have legal or joint custody of a minor child. The new policy requires these parents to attempt to obtain the consent of the noncustodial or adoptive parent to any family care plan that would leave the child in the custody of a third party.

“We hadn’t even required those people who were married, but had a blended family, to even consider what’s going to happen to that child when they’re (deployed),” a Pentagon legal spokesman said. “You can’t just assume that the child will be placed with a new spouse, because you’ve got another parent in the picture,” “Our new policy is focused on ensuring the noncustodial biological parent is contacted, and that (deploying servicemembers and civilians) discuss arrangements with that person.”

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