Simplification Needed for Military Members Facing Custody Disputes

September 26, 2012

The lengthy conflict in Afghanistan (and the years-long battle for control of Iraq before) has put many patriotic Americans -- particularly National Guard and Army Reserve troops who typically have "other" lives and are uniquely unprepared for the impact of deployment -- at risk of losing custody of their children.

A group of legal experts - the Uniform Law Commission, a group of more than 300 attorneys around the country - has made recommendations regarding the handling of child custody disputes involving actively serving military men and women. The panel met in July to discuss the ongoing problem of servicemembers losing custody or visitation rights with their children because of the forced absence required by deployment. Their proposed solution? The Deployed Parents Custody and Visitation Act, a set of rules which, if adopted by state governments, would place servicemembers on a level playing field across the nation.

In addition to the model rules being proposed by the Uniform Law Commission that would affect custody determinations on a state level, a bill is currently winding its way through Congress that would offer federal-level protections to servicemembers. The bipartisan bill, known as the Servicemembers Family Protection Act, is sponsored by Congressmen Mike Turner (R - OH) and Rob Andrews (D - NJ). It would amend the preexisting Servicemembers Civil Relief Act to add in family-related protections. The proposed measure has already garnered the support of the House Armed Services Committee, but similar measures have failed to pass several times in recent years.

What Is the Purpose of Model Rules?

Uniform child custody regulations governing active duty military men and women would serve several purposes, including:
- Creating consistency in custody disputes involving servicemembers around the country
- To ensure that servicemembers are not unfairly penalized by the prolonged periods in which they are unable to see their children while deployed around the country or the globe (i.e., preventing the absence forced by some military assignments from being weighted when making determinations about a child's "best interests" for custody purposes)

Consistency is key in family law determinations, especially those involving children, but it is sorely lacking from jurisdiction to jurisdiction. Deployed parents in one state may find themselves losing all custody and visitation rights, but that same parent's rights might be in no danger in a different jurisdiction.

Both federal and state legislators clearly understand the need for consistent protection of servicemembers facing family law disputes precipitated by deployment, but they differ on how best to implement those protections. Since laws differ from state to state, if you, an active duty military man or woman, find yourself involved in a custody dispute, seek the counsel of a skilled family law attorney in your area. Having an experienced lawyer at your side can both improve your chances of success and help protect your parental rights.

Article provided by The Law Office of Ryan S. Dougay
Visit us at www.dougaylaw.com