MICHIGAN INCLUDED ON PANEL REVIEWING MILITARY CHILD CUSTODY LAWS

Military deployments have been a common thing since even before 9/11 and the wars that followed. With those deployments, the issue of child custody involving military parents has increased as a topic of discussion. Michigan parents serving in the military likely know how a deployment can affect their family. It can be worse if a separation or divorce ensues during a deployment.

Recently, a panel of some 350 attorneys making up the Uniform Law Commission met to discuss what is called the Deployed Parent Custody and Visitation Act. This panel consists of attorneys from each of the 50 states. The goal of the meeting was to give final approval to the proposed legislation.

The intent of the recommended law is to provide a uniform code that would provide a common standard across all the states for deployed military parents and their child custody rights. Most states do have some form of family law protocol in place for military parents, but the processes lack consistency.

Military parents with child custody issues face an often complicated legal maze, one that has proven vague and inconsistent time and again. The goal of the Uniform Law Commission’s recommendation is to protect military parents and ensure that there is a consistent level of consideration across all 50 states. Additionally, there is an overall goal to maintain the states’ jurisdiction over military custody disputes. The proposed plan is designed to incorporate the consideration of the child’s best interests while simultaneously protecting deployed parents from being effectively punished in child custody disputes for service to their country.

Military parents in Michigan who might be facing a deployment — or are deployed already — undoubtedly suffer concerns for the families left behind. But, the fear of losing child custody due to an unavoidable requirement of service should not be among those concerns.

The Deployed Parent Custody and Visitation Act is one effort under way to try to help military parents and their families. Shy of its becoming law in each of the states, however, parents in military service facing child custody issues will probably continue to face confusing jurisdictional battles.

Source: CBSNews.com, “US panel: Improve child custody rules for military,” Kristin M. Hall, AP, July 18, 2012