Soldier Custody Laws

Washington, DCAmerica's brave men and women have been battling more than terrorists these days. Their bravery is having to be displayed in the face of another enemy. The possibility of losing custody while on active duty for the United States military has been a tragic side effect of the Middle East unrest. However, this situation is going to do an about face thanks to a family law that will now protect the rights of soldiers involved in active duty.

A much needed revision to the Servicemembers' Civil Relief Act was just put into place by the stroke of President George W. Bush's pen. This is in line with the other rights that soldiers had already maintained such as protection with creditors, retention of health benefits, and the inability of a landlord to evict a soldier on active duty. It's very disturbing that all of these other items have been protected for so long. Yet family law, until now, has neglected to fortify their most precious asset, soldiers' children.

This is a landslide victory for single parents called up on active duty. In times past, soldiers often had to resign their parental rights over to the other parent or relatives. This often caused the children to be placed in homes sometimes in out of state situations. Soldiers were faced with a sticky situation when they returned home from the battlefield. Many times they were unable to ever gain parental rights. Some situations involved ex-partners who either through separation or divorce wanted to refuse the soldiers their rights to their children. A lot of men and women who served our country met with the depressing situation of never gaining the access they once had to their child's life.

Some military men and women have invested tens of thousands of dollars in custody cases to maintain their rights. Unfortunately, some have won the battle while others tragically weren't granted custody rights. Many cases involved the courts granting custody changes to other family members without the consent or consideration of the soldiers. Soldiers came home to a most unwelcome life change learning they would be living without their children on a daily basis. There is now a ninety day grace period given to active duty soldiers seeking a stay in a custody battle.

Soldiers can breathe easier knowing that their most prized possession is protected along with all of the others. This loophole in family law is something that should've been recognized way before now. More has to be done to completely protect the rights of our brightest and bravest. After all, this is what they do by fighting for freedom. They fight so that the rest of Americans can enjoy complete freedom, rights, and protections. It seems completely unjust for the very people who lay their lives on the line for these rights not to be able to enjoy the same for themselves. The children are the biggest casualty of our war effort. They need to know that their relationship with their military parents will not die because of duty.

By Delsia Hartford