My son is active duty Army with 9 years service. He is divorcing his wife of 8 yrs, due to her drug addiction and child neglect. She failed a court-ordered drug test 2 weeks ago by showing positve for cocaine, and there have been 2 complaints of child neglect made to Texas’s Children’s Protective Services. CPS is planning to take the children away from her and put them in foster care. How can he get a discharge so that he can care for his children, instead of them going into the foster care system. One child is special-needs infant with neurological issues requiring visits to pediatric neurologist. I am the grandmother but can’t care for them, due to my age and my medical issues (heart and circulatory problems)
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Written by stl_luna_7 about 2 years ago.
I remenber there being hardship discharges…
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Written by LAVADOG_1/3 about 2 years ago.
You can read here and good luck..
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Written by sweets about 2 years ago.
Him being in the service can not stop him from getting custody of his children. He needs to petition the court for full custody of them and ask that they order no visitation from the mother. They cannot use his military service as a reason to deny him custody, they can only ask him what he will do about their care while performing his duties as a soldier.
That being said, once he can show the Army that he has custody, he can request a hardship discharge due to unforseeable single parenthood, Chapter 6. He will need to show proof that he has custody, or will have it, that it was due to becoming seperated/divorced, etc. He needs to talk to his personnel sections, read AR 635-100, JAG and a chaplain – the chaplin can be an advocate for him if he runs into trouble and can write a statement for him.
If he still wants to get out before getting custody, he can still do a hardship discharge, but he will need to go through the same steps as above to find out exactly what discharge chapter he would fall under.
He really needs to consider his options, he can still be a single parent on active duty, even as a male, if he is already active duty – they just won’t let single parents GO active from a non-active status. If he can come up with a good family care plan – daycare provider, back-up babysitters, someone willing to take the kids if he deploys (a sister, cousin, aunt, uncle, friend, anyone willing, does not have to be family, just someone he can show the Army is responsable and willing) – he can stay in, have a good career, provide well for his children, especially since the one needs good medical coverage. He also needs to get them enrolled in the Exceptional Family Member Program so the military knows to keep him stationed where the medical services he needs are available for the little one. Don’t let him give up his career that fast, he has 9 years, he is almost half way to retirement, and the Army supports families, even if it is hard work. Just help him build up a good support network wherever he is!
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