Thursday, May 31, 2007
THE "MYTH" OF THE SOLDIER WITH PRIMARY CUSTODY
The United States House of Representatives has passed a measure that would prevent troops who are deployed in a war from permanently losing custody of their children. The South Carolina Senate has proposed similar legislation.
The federal amendment was offered by Ohio Congressman Mike Turner who read an Associated Press story about service members who had lost custody because of their duty.
Florida Lawyer Brent Rose writes in his BLOG that this is not as much of a problem [as suggested by the Media] because "the servicemember will probably never get primary custody in the first place." However, we see some merit in the Amendment. According to the Associated Press, "The amendment, which was passed by voice vote as part of a defense policy bill, would reinstate the custody arrangements of a soldier's children in place before the soldier left for war. It would provide an exception for temporary orders issued in the best interest of the child."
Stated another way, this amendment, if passed by the full Congress, will only maintain the status quo while soldiers are deployed. This does not appear to be unreasonable.
As an aside, we note that the House has acted with extreme speed to a perceived problem. This is a serious contrast to how slowly the South Carolina Legislature is enacting Family Court reform which has been under consideration for years.
The United States House of Representatives has passed a measure that would prevent troops who are deployed in a war from permanently losing custody of their children. The South Carolina Senate has proposed similar legislation.
The federal amendment was offered by Ohio Congressman Mike Turner who read an Associated Press story about service members who had lost custody because of their duty.
Florida Lawyer Brent Rose writes in his BLOG that this is not as much of a problem [as suggested by the Media] because "the servicemember will probably never get primary custody in the first place." However, we see some merit in the Amendment. According to the Associated Press, "The amendment, which was passed by voice vote as part of a defense policy bill, would reinstate the custody arrangements of a soldier's children in place before the soldier left for war. It would provide an exception for temporary orders issued in the best interest of the child."
Stated another way, this amendment, if passed by the full Congress, will only maintain the status quo while soldiers are deployed. This does not appear to be unreasonable.
As an aside, we note that the House has acted with extreme speed to a perceived problem. This is a serious contrast to how slowly the South Carolina Legislature is enacting Family Court reform which has been under consideration for years.
