Congress’ Attempt to Solidify the Rights of Military Parents
Brandi Petterson - Colorado Divorce Lawyer
Upon a military service member’s return home from a long deployment necessitated by war, he or she is undoubtedly eager to reunite with family and friends. Unfortunately, if a service member happens to be the parent of a minor child, he or she may arrive home and be confronted with yet another battle.
Should a military parent be divorced, separated, or no longer involved with the other parent of his or her child, it is very likely that plan was established to allocate parenting time and responsibilities. Whether this plan was made by agreement between the parties or by Court Order, the plan may or may not have addressed whom the minor child would reside with during the military parent’s deployment. Even if the plan addressed what happens in the instance of the military parent’s deployment, what happens when that parent arrives back home and wants to resume his or her former parenting schedule?
A recent CBS news report addressed this very situation. The CBS news report concerned a military service member who is also the mother of a minor child. Upon her deployment and pursuant to her family care plan, she temporarily transferred her status as the child’s primary residential parent to the child’s father. The problems began when she arrived back home and was informed by the child’s father that she needed to obtain legal counsel. According to CBS, the father refused to return the parties’ minor child to the mother and resort back to the parties’ parenting arrangement in place prior to her deployment.
Congressman Mike Turner from Ohio has introduced legislation that attempts to resolve this issue. This legislation would set federal standards and guidelines for domestic relations courts to follow concerning a service member’s parental rights. However, the Department of Defense argues against the bill, and believes that because this issue has historically been left to the states to decide, the states are better suited to handle it. As the Department of Defense has successfully stifled the bill since 2007, the future of these provisions is unknown. However, as this issue appears to be gaining national attention, we will continue to follow the bill’s progress.
To read more, go to: http://cbs4denver.com/national/military.parents.custody.2.1366749.html
