Monday, May 07, 2007
FIGHTING ON TWO FRONTS: DEPLOYED TROOPS BATTLE FOR CUSTODY
This AP article was published in a number of publications. Among other things it mentions laws enacted in California, Michigan, and Kentucky that preclude a parent's absence due to military activation from being used as a basis for permanent changes in custody or visitation. These states also require that Custody Decrees changed on a temporary basis because of deployment revert back to the original Decrees once deployment ends.
We can understand why State Legislators may feel compelled to enact this type of legislation. However, we believe that this type of legislation ignores both the best interests of the children and the rights of the "non-custodial" parents as well. Regardless of why the military parent is absent, the fact remains that that parent both chose to enter the military and that the parent's absence has a negative impact on both the children and his or her ability to care for the children. Additionally, the continued threat of deployment causes uncertainty.
This type of legislation also raises equal protection concerns. For years, men went to war without either the benefit of, or a perceived need for, this type of legislation. Therefore, only the fact that women are not being deployed to Iraq has created a demand for change.
This AP article was published in a number of publications. Among other things it mentions laws enacted in California, Michigan, and Kentucky that preclude a parent's absence due to military activation from being used as a basis for permanent changes in custody or visitation. These states also require that Custody Decrees changed on a temporary basis because of deployment revert back to the original Decrees once deployment ends.
We can understand why State Legislators may feel compelled to enact this type of legislation. However, we believe that this type of legislation ignores both the best interests of the children and the rights of the "non-custodial" parents as well. Regardless of why the military parent is absent, the fact remains that that parent both chose to enter the military and that the parent's absence has a negative impact on both the children and his or her ability to care for the children. Additionally, the continued threat of deployment causes uncertainty.
This type of legislation also raises equal protection concerns. For years, men went to war without either the benefit of, or a perceived need for, this type of legislation. Therefore, only the fact that women are not being deployed to Iraq has created a demand for change.
