S.P.A.R.C.

Separated Parenting Access & Resource Center
crazy gamesriddles and jokesfunny picturesdeath psychic!mad triviafunny & odd!pregnancy testshape testwin custodyrecipes

Author Topic: Will it stop?  (Read 18795 times)

gemini3

  • Hero Member
  • *****
  • Posts: 873
  • Karma: 1004
    • View Profile
Re: Will it stop?
« Reply #50 on: Oct 21, 2009, 07:57:30 AM »

Oh, where to begin!

First - there is a lot of misinformation in this thread.  The first one being that there were recently enacted laws that do a number of things on a Federal Level - one of them guaranteeing that deployed military folks are not subject to any changes in their parenting agreements/orders while deployed.

Further, some states laws have gone so far as to protect the deployed person's right for the visitation to continue with his/her family while deployed.  In some cases, a power-of-attorney can authorize that a step-parent retain the rights and be responsible for video conferencing and phone conferencing with the deployed parent as can be made available.

Despite some of the obvious "territorial biological mother" replies in this thread, the new family IS family after divorce and specifically in the case of deployed parents, may have more rights than you think.  Being an involved family member is not just relegated to biological parents and, despite the inappropriate delivery by the father in this case - dismissing his rights or the step-parents potential rights is inappropriate, to say the least.

UT: Bill HB401 Protects Military Personnel from Custody Changes During Deployment

Expect to see more of this and, it's absolutely appropriate despite the outcry from ex-wives who will refer to it as a step-parenting "over-stepping her bounds."

 
MrCustodyCoach, I think the federal bill you're referring to is the Service Members Civil Relief Act.  If so, it does not guarantee that deployed service members are not subject to changes in their custody agreements while deployed.  What it does do, is provide a "stay" of pending civil actions (custody/visitation proceedings included) for at least 90 days, upon application of the SM or his attorney or on the court’s own motion.  The judge then has the discrection to extend the stay if the service member is still deployed, and does not have any leave the he/she is able to use in order to appear.
 
BTW - I love your blog, and I frequently refer people to your low/no contact posting.  It's worked wonders for my husband in dealing with is PEW.


MrCustodyCoach

  • Jr. Member
  • **
  • Posts: 102
  • Karma: 10
    • View Profile
    • Mr. Custody Coach
Re: Will it stop?
« Reply #51 on: Oct 21, 2009, 10:21:43 AM »
Agreed... and my post might not have been as clear as you stated it.  When they return, they have the same custody arrangement as when they left.  This was put in place because so many servicemen would go overseas to fight and return home to find everything gone... wife, kids, cash, cars, house gone into foreclosure, etc.

Utah appears to have gone a step further.
Mr. Custody Coach - Win Child Custody "Better Prepared, Better Outcome"

*The opinions in this post are solely my own and do not represent the only way to address any particular issue.

 

Copyright © SPARC - A Parenting Advocacy Group
Use of this website does not constitute a client/attorney relationship and this site does not provide legal advice.
If you need legal assistance for divorce, child custody, or child support issues, seek advice from a divorce lawyer.