Deployed Militia and Divorce Cases

The United States has set up certain special provisions for active-duty militia members that are in the midst of a divorce. These protections and preferences recently proved helpful for a sailor that is currently deployed but received a summons for a child custody hearing. The Navy service member was ordered to appear in a Michigan courtroom for a hearing about the custody of his six-year-old daughter. He is currently deployed in the Pacific Ocean and has no way to attend the court hearing. He was threatened with contempt of court when he explained that he could not attend.

This situation surged as a popular topic on social media and more than 12,500 online signatures protested the court's actions. The Navy service member's attorney said that the father should be protected by the Service members Civil Relief Act which gives the service member at least 90 days to put a case on hold.

The case has been rescheduled for 90 days later with a custody hearing in October. The Michigan judge that caused this fiasco did not reschedule a visitation modification that was requested by the child's mother. The mother was able to prove that it was in the best interests of the child for her to have "parenting time" with the child.

October's hearing will concern full custody of the little girl. If you are in the military and are dealing with difficult custody and visitation issues, make sure to talk with our team. We are ready and willing to help you work through your case while making sure that your rights under SCRA are enacted and respected. We want to help you achieve the smooth and solid divorce that you want! Call aLos Angeles family lawyer at Claery & Hammond today to get superb service from a team you can trust.