This week, Charles Gibson reported on ABC World News Tonight, about the problems deployed military personnel face during custody battles. The story reported upon single parent soldiers heartbreaking price for serving their country. The story met with surprise too many, and immediate sympathy and concern for the rights of the military parents.
Servicemen and women, are currently protected from civil court actions during periods of deployment by a federal law known as the Soldiers and Sailors Civil Relief Act of 1940 as amended by the Servicemembers Civil Relief Act of 2004. Under the act, the deployed parent can require that any civil court act (including a divorce or custody case) be put on hold pending completion of their deployment.
To be eligible to claim this protection, the service member must file a certificate of service as proof of his or her status of deployment. You can obtain such a certificate on-line or in writing from the military. For more information about obtaining your certificate, click here to be transferred to the Department of Defense Website.
Currently, there is a move afloat on the federal level to strengthen the protections afforded service members during their deployment. A bill has been introduced in the house, however it will face many challenges as it balances the needs of the military parent, against those of the other parent, and children left behind.
See our future posts on measures you can take before your deployment to avoid custody problems during your absence.