In DRUG REHABILITATION / Tags: ActiveDutyArmymale, addiction, children, cocaine., discharge, info, needs, neglect, wife's /
Question by WorriedGrandma: ActiveDutyArmymale needs info on how to get discharge due to wife’s cocaine addiction and neglect of children
My son is active duty Army with 9 years service. He is divorcing his wife, 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 issuse requiring visits to pedicatric neurologist. I am the grandmother but can’t care for them, due to my age and my medical issues (heart and circulatory problems)
Best answer:
Answer by MLaw
Your son needs to ask for a family hardship discharge. Tell him to see his company JAG officer for the procedures.
What do you think? Answer below!
2 ResponsesLeave a comment ?
they do allow early discharges due to hardship.He will have to apply for one..
Your question begged more questions. The fact pattern you stated makes no sense under the law. I have never heard of children from a married couple “going into foster care” if the father is fit regardless whether he is in the Army or works at McDonalds. He is the presumptive caretaker/cusodian. Perhaps you meant they were going into foster care until he can take physical custody? Why does he need a discharge to care for his children? I live near one of the largest Amry bases in the world. Many parents seem to caring for their children. I do know when they are deployed elsewhere , they secure other families to temporarily care for their children. That is a tight group, that Army . Think of all the people in Army caring for their children. It is doable. I know a few former JAG officers, and from what they have said and your fact pattern, I do not know If that situation reaches hardship level for a discharge. People have their spouse divorce or die while they are enlisted. What he needs to do, is ask for temporary leave and take physical custody of those children. Perhaps you can cope if he can provide day help in your home. I think he needs the income and medical support that the Army can provide at this time. We have a recession looming, jobs are hard to come by. Try to work through this, without losing his rank and benefits, because it is like throwing the baby out with the bathwater, please don’t make a bad situation worse by losing what he has already worked so hard for. Let me know if I can help.