When active members of the military are divorced and they obtain custody of the children from that former marriage, they generally follow the same routine as other parents who are not serving in the armed forces. However, this type of a situation becomes difficult when that custodial parent is deployed overseas, as has been the case many times in recent years while soldiers were sent to both Iraq and Afghanistan. Simply put, many of these situations have become untenable for family members who have been left behind.
However, Pennsylvania has brought about a change to all of this that is supposed to bring order and clarity to these situations. Specifically, the governor signed a bill on April 12 that states that when a custodial parent who is on active duty is deployed, no judge can change the child custody order while he or she is away. In addition, that active-duty military member can petition the court to assign temporary custody of that child or those children to relatives while he or she is deployed.
The situation came to a head in Pennsylvania because there were reports of non-custodial parents obtaining custody while the other parent was overseas in addition to reports that other relatives of the children were barred from seeing them. This law is intended to prevent these situations from arising until the deployed parent returns and has an opportunity to present his or her case.
San Diego Child Custody Lawyers
Every situation that relates to a fight over child custody is difficult for everyone involved to endure. This is especially so when one of the parents is actively serving in the military and therefore could be called away at any given time. Anyone who faces this situation needs to take immediate steps to make sure that his legal rights are properly protected and enforced.
If you are a member of the military and you face this type of a situation, you need to seek the help of San Diego child custody lawyers who have been helping our soldiers fight for their legal rights successfully for many years. Contact the Men’s Legal Center today to schedule an initial consultation.