CP is deploying to Iraq

[Imom]

 I wanted to add to what the other poster said about leagl aid. My dh has been the cp for six years, five at the time BM tried to take custody from DH she got legal aid......she even lives in a different state??? I find that odd but you live in a different state then us also.  Of course thogh My firend qulified 100% for legal aid and they refuse to help her and she just lost her kids to her ex inlaws. I my self don't understand legal aid, My husband uses a JAG officer (lets say I don't understand them either).

[karynmb123]

To be real honest, I'm not 100% sure how it works myself. I called them originally out of desperation because my own atty. is of the sort who doesn't return phone calls and the issue I have is very time sensitive. But VA offers a legal aid hotline that anyone can call for legal advice, which is what I did. I would not always reccommend using that advice as the person giving it is not your atty and therefore will not be there to defend the advice he/she gave you down the line.

But anyway, I needed general information and once I told the woman what was going on she referred me to an actual atty who took my case. My husband is self-employed, so that may have helped qualify us, not really sure because I honestly didn't think I would qualify either. But they take donations in lieu of payment so I will definetly be donating to them on a regular basis when I can. Because already they have done more for me and have been there for me than the atty I had paid thousands and thousands of $$$ to over the last 2 years. So I have to give credit where credit is due.

[Butterfly]

SCCRA by filing for a modification hearing asking for an "extended visitation period".

I know, I've done it.  Residential father took off to Saudi Arabia without notifying me and then, while deployed for the first few days overseas, tried to use false allegations to gain a bogus TRO.  I beat not only the TRO...but the judge gave me an extended visitation period while he was deployed.

You can't use SCCRA as a sword and shield toward the other parent of the child if you do not have clean hands.

And really, the judge wasn't modifying custody...just visitation.

I'd try that avenue and see if it works for you.  Best of luck to you...I can't see how a stepparent/SO is a better primary placement to the other legal parent to a shared child.

[blank1]

>And really, the judge wasn't modifying custody...just
>visitation.
>

Good plan but the SCRA now provides an automatic 90 day stay and can provide for additional stays if it "materially affects" the servicemembers right to defend so I still don't see how one could do this unless your state allows modification of visitation without a hearing? Since IA law doesn't allow for temporary orders in modification hearings- they couldn't even change visitation pending hearing (at least how I read the new appealate case). There was also a case of a NCP who deployed and wanted his family to continue to see the child on his weekends- it was several years ago and I believe in OH or somewhere. I don't know what happened on remand but the appealate court essentially held that the NCP could assign his visitation rights in his absence.

>...I can't see how a stepparent/SO is a better primary
>placement to the other legal parent to a shared child.
>
That's because you haven't ment my dh's ex wife. Seriously. The child would be in great danger with her. Thankfully it didn't happen and he's now getting to the age where he could make his preference known but dh has always tried to shield him from having to do that. His attny wanted him to during the last hearings but dh didn't want to unless it was absolutely neccessary. With the other things in the record- it wasn't.
Dh was the NCP for many years and the information and tips on this site actually helped him get custody. Of course back then- it didn't have as much information as now but it was still the best site out there!

[Butterfly]

laws must have changed since 2002 because I know for a fact that the father tried to use SSCRA to stay proceedings after he launched the initial battery of filings (while overseas) when I filed a countersuit for a modification in visitation.

My petition was granted and my attorney/legal fees paid awarded.

The bottom line in my case was that I was not notified, as the other legal custodian to a shared child, of his deployment or his intentions with our daughter...he left the country and when I found out a few days later...he had me served with a falsely obtained ex-parte TRO (and lost) to put more obstacles in my way fighting his wrongdoing...he then tried to stay proceedings under SSCRA.

The judge ruled he couldn't use SSCRA as both a sword and shield.  We made state supreme court history over our case.

But then again, my child's father is a real piece of work...his girlfriend at the time, now stepmother, will never be the best primary placement for daughter especially over me with the preponderance of my pre/post-divorce parenting behavior v. his behavior.  But that's a novel for another time...I'm a fathers' rights activist, so I do not loosely accuse my daughter's father of impropriety as a parent without concrete evidence to back up my claims.

Has there been a recent revision in SSCRA law?

[dipper]

In our case, the attorney said that even though we qualify financially, they are constrained by their budget/staff.  She said the board had specified which cases they can/cannot take.  My dh didnt qualify according to their standards.

[blank1]

>
>Has there been a recent revision in SSCRA law?
>


Dec 2003 SSCRA was modified a bit- now called Servicemembers Civil Relief Act (SCRA).