US Service Members Civil Relief Act
Oklahoman serviceman has custody of his daughter. He gives guardianship of his daughter to his parents.
He reports for training prior to deployment to Iraq.
His ex-wife moves for modification of custody.
He is deployed – before being notified of his ex’s motion.
Despite intervention of military attorneys, a hearing on the wife’s motion is imminent.
Under the federal Servicemembers Civil Relief Act, the serviceman is entitled to a postponement under the right circumstances.
But, according to reports, not all state judges are familiar with the federal statute and how it may apply to state court family actions.
The military is fighting hard to acquaint the courts with the federal law and the need not to distract servicemembers with family worries at home.
