Important Steps To Be Considered For Active Duty Military Parents Facing Custody Issues
This is the second of a two-part article. Click here to read the first part discussing other important steps to be considered by military members before deployment.
Military service in itself creates the need for maintaining a status quo in regards to jurisdiction. The words “Home of Record” should be the key starting point in any custody order involving military families. During the course of a military career there will be many “current”, or temporary, addresses due to changes in assignment. It is therefore important that an initial custody order specifies that the jurisdiction will be permanently retained in the “Home of Record” where the action was first heard, unless both parties consent to a different venue.
While as a general rule, the UCCJEA provides that jurisdiction “follow the child” under the “Convenient Forum” section, military duty should be considered an exception, especially when the transience of the residential parent is in direct violation of the custody order. Too often the residential parent simply moves the child to a new jurisdiction without required notice … Read More... “Military Members Must Take Actions Prior to Deployment to Protect Their Rights with Their Children”