Article quoted by, fortcampbellcourier.com

“Soldiers face many challenges when deploying to Iraq or Afghanistan. One challenge is the threat of having his or her current child custody order changed in court.

Soldiers hear horror stories about “default judgments,” the legal way for saying you lose because you did not come to your court date. 

The Servicemembers Civil Relief Act (SCRA) is currently the primary protection for these issues Soldiers face. The following are steps a Soldier can take to protect his or her child custody order while deployed.

Soldiers must first make sure they have someone that they absolutely trust, preferably someone who has no connection to the non-Soldier parent, collect and relay the “notice of hearing” from the Soldier’s mail to the Soldier down range. If a deployed Soldier has a trusted source relaying information from mail, the Soldier can take action before missing his or her court date.

Once he or she receives notice of the hearing, the Soldier is to invoke the SCRA, which offers protection for Soldiers unavailable to appear in court for a child custody modification hearing.

SCRA Section 202 states that a judge shall grant a stay for at least 90 days if: (1) The Soldier writes a letter or other communication to the judge that states the manner of the Soldier’s current military requirements (like deployment) materially affect the Soldier’s ability to appear in court and provide the date when the Soldier will be able to appear.  And, (2) a letter or other communication to the judge from the Soldier’s Commanding Officer stating that the Soldier’s current military duty prevents appearance and military leave is not authorized at the time of the letter.

If a Soldier promptly follows these two steps, federal law requires that the state judge delay the proceeding. However, the SCRA only requires the judge to grant an extension for 90 days, often not enough time to cover the lengthy deployment. 

SCRA Section 202(d) authorizes a Soldier additional delays if the Soldier again completes the notification process described above. This delay will allow a Solder to return home to the same custody order that was in place the day the Soldier deployed and gives the Soldier the chance to defend his or her child custody rights in court after defending his or her country abroad.

Soldiers with questions should stop by the Fort Campbell Legal Assistance Office, Building 125 Forrest Road, or call (270) 798-0931.”

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SOLDIERS WITH QUESTION SHOULD CONTACT YOUR LOCAL LEGAL ASSISTANCE AT YOUR INSTALLATION.

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SOLDIERSRIGHTS.COM WILL HAVE more to this story and your rights as a Soldier. The problem is SOLDIERS do not have any Federal laws to help with their visitation, and while in the Military Judges are not following through with their State laws. Most States do not protect Soldiers or give them any special treatment from their Civilians. I am saying your State may be the problem. Check out the Story from CBS Here and pay attention to their link here because this is the DEPARTMENT OF DEFENSE POSITION, also listed below.

DEPARTMENT OF DEFENSE POSITION still today (2010)

The Department applauds the efforts by those States that have passed legislation to the 

Department and encourages the other States to consider similar legislation. 

Meanwhile, the Department is itself taking, or will take, a number of steps to further 

protect our Service members: 

First, the Secretaryof Defense has personally written the governorsof theStates that 

have yet to pass legislation addressing the special considerations of child custody cases in 

the military to urge them to pass such legislation.  

Second, DoD has includedconcerns over child custody matters on the list of the 

Department’s 10 Key Quality of Life Issues,and these are now being presented to 

governors, State legislators and other State officials.  On September 22, 2009, a 

representative from the Department’s Office of Legal Policy and an expert in military 

child custody met with each of the Department’s ten Regional State Liaisons and 

discussed military child custody issues.  These liaisons are now reachingout to State 

officials whose legislatures have not addressed militarycustody concerns to encourage 

them to act.  

Third, DoD will ask the military service Judge Advocates General and the Staff Judge 

Advocate to the Commandant to ensure they are doing all they can to work with the 

American Bar Association (ABA), and State Bar leadersto publicize, emphasize, and 

support the ABA’s national pro bono project, as well as pro-bono initiatives in the States.  

These pro-bono efforts can provide our Service members access to free legal 

representation from some of the country’s mostaccomplished child custody practitioners.  

Fourth, DoD is engaged with the military services to update and standardize Family Care 

Plans across the services.  These plans are developed to ensure that families are taken 

care of during absences due to drills, annual training, mobilization,and deployment.  

They include provision for long-term and short-term careof children.  The Department 

recognizesthat improvements to its Family Care Plan guidance can address many of the 

custody issues that could otherwise result in litigation after deployment.  By clarifying 

those who require a Family Care Plan and emphasizing the importance of custody 

negotiations with the non-custodial parent early in the process—before deployment—the 

issues that most often give riseto litigation can largely by avoided.  The Department is 

convinced that these efforts can resolve far more issues in favor of our Service members 

than can new Federal legislation.  

IT IS UP TO YOUR STATE TO SAY IF YOU HAVE ANY RIGHTS FOR CHILD CUSTODY. FATHERS RIGHTS ARE DEALING WITH THE SAME KID OF PROBLEMS, BECAUSE THE FEDERAL GOVERNMENT WILL NOT GET INVOLVED. CHECK OUT (GLENNSACKS.COM FOR FATHERS RIGHTS).

 The only federal laws that SoldiersRights.com know of as of January 2010 is called the Servicemembers Civil Relief Act and is meant to protect Soldiers from civil court actions and administrative proceedings during military activation. They can’t be evicted. Creditors can’t seize their property. Civilian health benefits, if suspended during deployment, must be reinstated. 

Servicemembers Civil Relief Act reinforces the older law Soldiers & Sailors Civil Relief Act of 1940 (SSCRA). And these have nothing to do with Child Custody.

AGAIN CHECK YOUR STATE LAWS ON MILITARY RIGHTS FOR CHILD CUSTODY, AND MOST STATES WILL SAY, “IT’S THE BEST INTEREST OF THE CHILD.” THERE NEEDS TO BE A FEDERAL LAW FOR THE MILITARY CHILD CUSTODY FOR THE STATES TO FOLLOW AND IT SHOULD DEFINE THE BEST INTEREST OF THE CHILD.

I heard the saying from the best Attorney in the world, because he under stood you have to fight-fire-with-fire. Indeed, SoldiersRights.com does not recommend you use pure evil to win your child. Making evil comments and false statements about your spouse is not the “Best interest of the Child.” Indeed, lawyers that are really good use Attorney Blackmail instead. I am sure if you really want to push the envelope and use these words, fight-fire-with-fire; tell them that your spouse is a Child Molester. You never lose these kind of words and you don’t need proof in the eye of the Public. Is this not what your spouse is doing to you, using false statements about you to keep you from your Child, keeping your family from visit rights and using your child as a weapon. Again, think twice before you play this game fight-fire-with-fire, because this might really not be the best interest of your child.

AS OF RIGHT NOW THE MILITARY DOES NOT HAVE ENOUGH FUNDING TO HELP WITH CHILD CUSTODY AND FIGHT FOR YOUR RIGHTS. SOLDIERSRIGHTS.COM KNOWS LEGAL ASSISTANT FOR THE MILITARY ARE LIMITED ON WAYS THEY CAN HELP YOU FOR CHILD CUSTODY. THE ONLY WAYS I KNOW THEY CAN HELP YOU IS BY LEGAL ADVICE, AND VERY RARELY WILL THEY TYPE UP ANY PAPERS FOR YOU. YOU HAVE TO GET A PAID ATTORNEY TO WIN. IN MOST CASES FOR MILITARY WE HAVE TO SPEND THOUSANDS OF DOLLARS, AND STILL LOSE. MY FAMILY HAS SPEND OVER 80 THOUSAND DOLLARS OVER 13 YEARS, AND 20 THOUSAND WHILE I HAVE BEEN IN THE SERVICE 4 YEARS.

I finally have visitation every other weekend and the Judge in Knoxville Tennessee is making my ex-wife meet half way from Fort Campbell Kentucky three 4 hours away. Indeed, she is playing fight-fire-with-fire. I can only hope she DIES & goes strait to HELL! Tarah Long Poss! is her name. Put her on the “Black List” on who not to get Pregnant!   

SoldiersRights.com recommends emailing their Congress and encourage them to pass Federal Laws for Child Custody. 

EMAIL THE PRESIDENT UNTIL HE STEPS IN!