What if someone stole your child while you were deployed?

Question

Normally I wouldn't use this forum for political causes, but I just read a story about single parents losing custody of their children while they are deployed with no protection from the Soldiers and Sailors Relief Act. Why is it more important to protect a service member's car while they are away and cant fight for it than it is to protect a service members family?
Reading this article made me seriously reconsider whether or not I want to re enlist when the time comes for me to do it. Please read this article, and if you too are horrified by this concept, please follow the link within and write to your representatives about this tragedy.
http://www.military.com/NewsContent/0,13319,134697,00.html?ESRC=army-a.nl

Okay, just in case there are more people like that first chick, the issue is that I could leave my baby with my mother, who is my primary care provider, while I am deployed, and my ex could still file for custody of my child and the hearing would proceed despite the fact that I am deployed. When I don't show up for court because I am in Iraq, then my ex would automatically get custody. It doesn't matter who you leave your child with or who your spouse is, your ex can take you to court for custody of your child while you are deployed, knowing full well that you are not able to defend yourself.
Perhaps that is more clear for people like that first chick who is too lazy to read the article and pay attention to service members rights issues.

Answer 1

We're not talking temporary custody while the parent is deployed - we're talking PERMANENT custody decisions being made during the service member's deployment. It has nothing to do with not having a Family Care Plan. When courts give permanent custody to the other parent without the service member being there to represent and defend themselves, that overrides all instructions given in the FCP. Having a Power of Attorney giving someone permission to represent the service member in court wouldn't work either. How is the judge supposed to determine if the service member is a fit parent if they aren't in court themselves?

Thanks for the link. I too was outraged when I read about this. I'm grateful that some states have already taken action, but a Federal law needs to be passed - and quickly - to plug this hole in the Servicemembers' Civil Relief Act. I have used the link to inform my elected officials of such.

What a slap in the face - to take permanent custody away from those who choose to defend our country without them being there to defend themselves in court! So much for a single or divorced parent being able to serve without distractions. That would be a constant concern for me if I were in that position.

Answer 2

I feel for you, but you can't compare your car to your child. Your car is not human. Common Sense. Your child is a human being that just can't be left out in the parking lot in front of your home or place of duty. In chances of being deployed, you need to prepare yourself ahead of time to who your going to leave your child with, for how long & what the rights are. You are a single mother, if you get deployed, you should leave your child with your mother, just like you said. But, the biological father can't fight for custody & win while your deployed in Iraq. If he did indeed try to get custody, the court hearing will be postponed until you come back from Iraq, just so you can physically attend court. I know that for a fact.

Answer 3

Technically, that is where the child should go. To the non deployed parent.

The SSRCA is an agency that will help with court proceedings - so that they aren't held until you get back. Sometimes the unit will allow the person to go back so they may go to court also.

If the ex has the child - they cannot 'steal' something that is part of them.

Otherwise, if you moved away from the ex - with the child - you could say that you 'stole' the child.

(and the fact I'm a military wife -----and have a child with a non-military ex - and went to court to allow us to move when I married hubby - I've been thru something similar and can help if you want)

Answer 4

I read the article and while it is sad for her, the military is in the business of war. It's main asset are the people who serve. While they try to accommodate you as much as they can, they have a business to run. If you want to be in the military and enjoy all the benefits, then you need to give a little too. If you cannot find a alternative parents for your children, then you need to get out. I have a sister and a niece who have faced this same situation and they understood that the mission comes first, last and always.

Answer 5

enable me commence by way of asserting that i'm not a legal expert. yet i've got self assurance that the warriors/Sailors alleviation act might come into play right here. you heavily isn't getting the further funds till approximately 30 days once you're deployed so the court docket can not use "destiny entitlements" against you, in basic terms what you're making on the date of the court docket lawsuits. you will not have the flexibility to attend a sparkling listening to till you come back, by way of then you definately won't longer be getting the further funds. in basic terms such as you won't be able to be served divorce papers jointly as deployed because of the fact which you have the superb to characterize your self in court docket. yet that being mentioned, talk over with the legal branch on base once you pass there to make or replace your will ahead of deployment. (and in case you have not made the appointment to try this yet "get busy".) stable success and thank you on your provider and sacrifices. Deployment sucks in spite of the incontrovertible fact that it rather is a call that all of us made by way of enlisting and doing the "God and u . s ." element. EDIT: one greater notice (yet talk over with my beginning sentence and that i did not stay at a trip hotel exhibit final night the two) you may nicely be interior of your rights to be supplied with receipts to ascertain that the money which you're paying is going the place it rather is meant to. that must be a question to ask the legal expert which you're able to characterize you in ill. (and it does not stay away from her from having her mom and dad draw up a "dummy hire" to account for the money). you're a Soldier and a Father, not her very own "Meal cost ticket".

Answer 6

this is why you are required to sign a family care plan. this states who is to take your kids in the event of an emergency such as the other parent suddenly dies. this that your talking about rarely happens. and the fact that you are deployed as little to do with it. if you have all the right forms filed your kids cant be removed from who ever has them.

Answer 7

You are correct this is the wrong place for this question!

To answer, the rights and welfare of the child would and should out weight the rights of anyone else no matter the situation.

Answer 8

Someone crapped in "Sailor's" cheerios this morning....
That IS screwed up, and maybe after "Sailor" finds someone willing to actually HAVE sex with her, and she gets a child, she might find interest in this.
I definately contacted my representative

Answer 9

wow. I ha not heard about this but thank you for bringing it out. we need a federal push to extend the protections to all our soldiers. God Bless our Troops.

Answer 10

Drama, drama. Then you should have had a spouse or a more trustworthy person to leave your children with or should have chosen a career where you can stay home. Let us miltary people take care of ourselves, your stuff if straight BS and you need to find another forum to post your drama.