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Should a Long Deployment Affect Child Custody?

Thursday, 01 July 2010

blog-logoColorado Springs has a very strong military presence, with many soldiers moving in and out of the area all year round.  With so many military families experiencing long deployments in Iraq and Afghanistan, it is no wonder that military divorce is on the rise.  Unfortunately, the fallout of this crisis can have a serious impact on their children.  If you have concerns about a long deployment and its potential impact on custody, consult with a Colorado Springs military divorce lawyer.

 

Proposed Legislative Action on Behalf of Military Parents

Military parents are often concerned about how a military deployment could affect their child custody rights in the event of a divorce, especially if they are deployed for long periods of time.  Thankfully, recent actions by Ohio Representative Michael Turner, and South Dakota Congresswoman Stephanie Herseth Sandlin may remove child custody and divorce concerns among military parents.  In a recent meeting with Defense Secretary Robert Gates, the two Representatives called for a legislative action which, according to the Navy Times, would create a “national baseline standard protecting service members and allay any unrest about future deployment being used as a criterion in deciding military divorce child custody cases.”

So far, the Pentagon has been opposed to such a measure, despite Turner’s relentless efforts over the past three years.  However, Gates made a promise to take another look at the concerns of service members. 

The reason the Pentagon has been reluctant to make such a mandate is they feel the state courts are better able to assess what is in the best interests of children. 

Iowa’s New Law Favors Service Members

Meanwhile, the state of Iowa introduced a new law on April 27 that clarifies the child custody rights of deployed military members to ensure they receive due process in the event of any proposed changes in child custody.  In addition, it gives service members the right to designate specific members of their family the right to exercise visitation privileges in their absence. 

If you have concerns about how your military deployment may affect your Colorado child custody rights in a divorce, the Marrison Family Law LLC has experienced Colorado Springs military divorce lawyers that can represent your interests in Colorado Springs court, even in your absence.

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MPatMarrisonFor over a quarter century, we have helped people during what is often the darkest time in their lives. Divorce is not easy even under the best of circumstances. For most people, family is central. Having something go wrong in the family can have a ripple effect that extends beyond the home and into other areas.

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