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The McKay Law Group, APC
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May 30, 2007

Military Custodial Rights Protected Under N.C. Bill

In April, the state of North Carolina introduced a bill to protect the custodial rights of deployed service members. The new bill would prevent judges from ruling that military deployment gives reason for a “change of circumstance” regarding visitation rights and child custody.

Rep. Grier Martin, who introduced the bill, believes military deployments shouldn’t give ex-spouses a reason to gain custody or change child visitation rights.

The Need for This Bill

Currently, no organization or government agency tracks custody disputes involving deployed service members. However, in recent years, long tours of duty in Afghanistan and Iraq have caused more family squabbles regarding custody.

“That could be a disincentive to stay in the military,” says Martin.

A few states, such as North Carolina, have court codes that indicate when a soldier evokes the Servicemembers Civil Relief Act, which serves to postpone civil actions. However, even states that have such codes don’t actively use them.

The Bill’s Provisions

Some of the provisions in the proposed law include:

• Service members would regain custody upon their return home
• A service member’s visitation rights could be assigned to a family member for the length of the deployment
• Service members could participate in court hearings via teleconference or Internet
• Expedited custody or visitation hearings before deployment

Arizona, Florida, Ohio, Oklahoma and Texas are among the states also considering passing a bill like North Carolina’s. States such as California, Kentucky, Idaho and Michigan have already passed similar bills ensuring custodial rights.

(Source: http://www.charlotte.com/171/story/139238.html)

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