The Kansas Supreme Court has ruled that a Marine cannot delay a residential custody hearing until after he returns from active duty. He is the current custodial parent, but the child has been residing with the paternal grandmother while he is on active duty. The child's mother filed her challenge at this time, knowing that he could not return to fight the order, and JAG services are only allowed to enforce child support orders, not to represent active duty personel when a case is brought against them. This includes trying to enforce the federal law that prevents civil actions against active duty personel.
2006-07-17 02:03:57 · 9 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
He could send his Mother as his proxy . Along with his lawyer . Kansas better get another rule out . This is a time of war and they are suppose to help our guys / girls serving our country . Also get the media involved , after the news lets loose with this ,, people will outside that court house protesting and things will turn your way . GOOD LUCK .
2006-07-17 02:09:47 · answer #1 · answered by vpsinbad50 6 · 0⤊ 0⤋
Im assuming that the father is deployed somewhere?? Cause to my knowledge active duty is anyone currently serving in the military.. which could be up to 20 years if they choose to retire from the service.. so im hoping u mean that he is actually deployed some where and not suggesting that just because he's active duty but still in the states that u care for the child till he either fulfills his 4 years or retires.. but if he is deployed to Iraq or on ship for 9 months or whatever I think its extremely wrong for the court not to wait untill he is back in the states.. to fight for his child..
And id say its fair to assume that when he won custody to begin with the courts realized he was in the military knowing that all military members have to go on deployment at one time or another and the child was left in good care.. So i cant phathom them wanting to take the child away from him now.. I do though see the possiblity of the mother winning residential custody since he is deployed for long periods of time the child should be with one of her parents .. unless the mother is unfit.. unfair as it may seem.. good luck..
2006-07-17 09:31:22 · answer #2 · answered by brwneyedgrl 7 · 0⤊ 0⤋
Yes they can he has a right to be there for this hearing, She is just going to have to be an adult about things and pray that the Father makes it home.
2006-07-17 09:07:56 · answer #3 · answered by Anonymous · 0⤊ 0⤋
that figures, my state being so stupid.....no, they should ahve to wait for the decision, though I can see why they may want to make a temporary order to the custody challenge...but to hold the pofficial hearing without him being there, and not being able to be there, not his fault? that is jsut unfair, stupid, and it would seem against his rights as a defendent......that is my personal opinion
2006-07-17 09:30:54 · answer #4 · answered by Anonymous · 0⤊ 0⤋
NOPE NOPE NOPE, if you can pull him to IRAQ in the middle of the night then you can snatch him up for court~ The military has more than enough folks to cover~
2006-07-17 09:08:57 · answer #5 · answered by HotPucci220 2 · 0⤊ 0⤋
Yes, they should, but when have the courts ever done what was right? Not lately.
2006-07-17 09:07:43 · answer #6 · answered by :Phil 5 · 0⤊ 0⤋
A hearing should be delayed. It is only fair.
2006-07-17 09:12:07 · answer #7 · answered by ? 6 · 0⤊ 0⤋
then he need to hire civil lawyer and give his mom chance to prove his case
2006-07-17 09:09:39 · answer #8 · answered by randy h 2 · 0⤊ 0⤋
i think... yes
2006-07-17 09:13:47 · answer #9 · answered by boyang 5 · 0⤊ 0⤋