The new legislation simply amends the Child Custody Act, an oft-amended piece of legislation. The amendments provide service members protection in the form of a stay of proceedings until the period of deployment ends.
In order for the service member to avail himself or herself of the protections of the new laws, that service member must request the stay from the family court. In cases of emergency, a family court judge would still have the power to modify the custody or parenting time of a minor child.
These bills received unanimous support in both legislative chambers, perhaps due to the case of an active duty father who temporarily lost custody of his child while on a 6-month submarine deployment for the U.S. Navy in the Pacific Ocean.
If you or a family member are active duty military and need assistance for a family law matter, contact our law firm for a free consult. We provide fee discounts for active military.
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