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For Military Parents

TheOtherMom's picture
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Our lawyer gave us some information - some of it straight sucks if you are in the military - and it is helpful if your other half is a service member because it is a quick reference for the new laws for Custody that came out this year.

http://www.fathersandfamilies.org/docs/Military-Parent-Bills-Status-2010...

Hope this answers some of those questions.

PS - Korea is not a deployment so in most states it won't count under these new laws.

TheOtherMom's picture

If you copy and paste the Sections for your state into google, you can get the run down from your state's Family Code. For example, in Texas, an "Electronic/Expedited Hearing for the deployed SM" box is checked with an X. Off to the left it says Texas Family Code Chapter 153, Section 153.701. So in Google I typed "Texas Family Code, Section 153.701" and the excerpt about how if a SM is deployed, he now has the right to request an expedited hearing (i.e. the ex wife abuses the children or he finds out there is something awful happening). The SM has the right to call a hearing, but the ex spouse does not.

Does that help?

TheOtherMom's picture

Neither. The rules are for wherever the case is filed. If you get a divorce and the custody was filed in Alabama, then you follow Alabama rules. Even if BM moved to Utah and DH moved to Florida, everybody has to follow Alabama laws until either BM or DH requests to transfer the case.

TheOtherMom's picture

Oh boy is right! I would pursue a lawyer then ... especially as nobody set rules for custody.