Custody and Military Service
What happens in a custody situation if you get deployed?
President Bush recently signed into law a change to the Servicemembers Civil Relief Act that specifically states that deployed service members who seek a stay in custody disputes will be granted at least a 90-day delay, and protects service members against default judgments in custody proceedings while they are away. The language was inserted into the act because child custody arrangements were not previously specified in the act and some family court judges were refusing to delay proceedings until the soldier could appear. What would happen is a mother or father who had custody of their child would get deployed and make what they thought was a temporary arrangement with the other parent to care for the child while they were away. During the deployment, the other parent would go to court and have the custody change made permanent. The hope is that amending the act will prevent a judge from using a parent’s deployment as the primary reason to change custody. After all, it seems unfair that a soldier not only has to worry about fighting a war, but also about losing custody of their child. However, it is state law that usually governs family law, so the change may have limited impact.