Statute Regarding Deployed Soldiers Eliminates Appeals Court Battles


New Child Custody Statute Regarding Deployed Soldiers Eliminates Appeals Court Battles


San Diego is obviously a city that includes thousands of people who are serving actively in the military. Anyone who is at all familiar with the current set of circumstances also understands that almost anyone can be deployed to combat zones at any times, and that many soldiers have been deployed overseas several times. This is not only a difficult situation to face for any soldier, but it’s particularly difficult for soldiers who have children and for those who have primary custody of their children after a divorce. For years, soldiers were nervous about what a deployment would do to that custody status.

Recently, several developments with regards to issue of child custody for parents who are on deployment have made the news. Below you will find a brief overview of these developments so that you and anyone who may benefit from this information can be aware of it. Any member of the military who is dealing with a family law issue needs to obtain the help of San Diego military divorce lawyers as soon as possible.

Appeals Court Case

One development regarding child custody while on deployment involved a court case that made its way to the appeals court level. A father of children who had primary custody after a divorce from his wife was sent on deployment only to return home and request a return of his children. The mother in the case disagreed and the case made its way through the system until a higher court ruled that deployment should not affect the status of the custody of children once that parent returns to the United States. The case took years to complete and another event unfolded while it was happening.

Military Custody Statute

While this entire controversy was playing itself out in the court system, the California legislature enacted a new statute that basically said the same thing as what the court in the case above held – that people who have primary custody of children will not lose that status permanently because they are being deployed in a forward area. The rationalization behind this is that obviously, those parents have no control over where they are sent, when they are sent there, how long they will be there or even how many times they will be deployed.

San Diego Military Divorce Lawyers

Obviously, soldiers who are actively serving in the military face a different set of circumstances than civilians when it comes to family law issues, particularly if they are serving in combat zones. That’s why people in this position need the help of legal professionals who understand what this life and this stress is all about.

If you are a soldier facing this type of a problem, you need to seek the help of San Diego military divorce lawyers who have been fighting for the rights of fathers and husbands for many years. Contact the Men’s Legal Center today to schedule an initial consultation.

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