The Servicemembers Civil Relief Act and Custody Judgments for Deployed Servicemembers
The Servicemembers Civil Relief Act is designed to protect the military member from a court issuing a custody judgment when the member is unable to defend himself because of military responsibilities.
SAN DIEGO, CA, March 22, 2013
Many military members are concerned about their custodial rights if he/she is deployed or otherwise unable to participate in a court custody action because of military responsibilities. Federal Law provides some protections under the Servicemembers Civil Relief Act (SCRA). This law is designed to protect the military member from a court issuing a custody judgment when the member is unable to defend himself because of military responsibilities. The SCRA not only provides for the appointment of counsel while the member is unavailable, but also for a stay of proceedings until the member is in a position where he/she can participate. If the service member has been given notice of the court action/lawsuit, he/she must produce a letter stating that he/she is unable to participate and also a verifying letter from the commanding officer.Additionally, California law provides protections for deployed service members. Family Code 3047 provides that a military member's deployment alone is not sufficient to modify custody. Further, that any modification of a custody order as a result of deployment is presumed to be temporary and the court must consider making orders to ensure the deployed parent has contact with the child if possible and the court can order visitation to the deployed parent's relatives (e.g. grandparents).
If you are a member of the military and have questions or concerns about custody, divorce or paternity, call Scott Family Law and set up an appointment to speak to one of our attorneys.