Should a Service Member be penalized as part of a Custody Evaluation?

I think many of the courts, lawyers and judges have dealt with the military that they tend to be a little bias these days. But with deployments tamping down hopefully they begin to be more objective for military parents (moms and dads). My divorce lawyer even admitted the State love the ease of military related cases when it comes to child support and custody battles. The non military parent seems to get the benefit unless they have a criminal record.

They shouldn't, but that's ammunition for the other side. Don't lie, you'd do the same thing if the shoe was on the other foot.

Sounds like ex-wife anger, no offense intended. Hope all goes well for you. You have talked to a JAG, I hope.

no

NO

My wife sat on a custody jury. The case had the twist that the mother was in the military and the father was seeking custody. The father won because he demonstrated that during the separation he was the primary care giver.

That was the exception though, not the rule. Here in Texas 90% of the time custody goes to the mother, the other 10% being due to mitigating circumstances such as incarceration, chemical dependency, etc. It's an uphill, expensive battle for a father, the unfortunate public perception is that fathers are optional, just "sources of child support".

My opinion is that the emotional development of children is highly dependent on having both male and female role models, and that society (especially young men) are paying the price of taking the male role model so lightly.

If only the court would accept a family care plan.

I'm pretty sure that the Soldiers and Sailors Relief Act speaks directly to this. You can't be penalized for serving in the military and you have some legal protections as a service member under the Act. Get a good lawyer. I'd tell you that whether you were in the military or not. Custody is one of those things you can't skimp on.

HR 4469 Amendment to the service member civil relief act, if they even have the fact that you being a soldier affects your ability to father your children take it to a higher court. In no way should a service member be penalized for providing for their family and country.

Don't know your situation, but as a single parent after divorce, you would have to have a guardian for your kids on file should you be called up. Some judges know this and know if you are called up you may be away for a lot more than a weekend a month. So your ability to parent could be hindered or severely reduced due to the needs of the service. That makes it hard for some judges to consider giving full custody to a service member. My husband was given very liberal visitation rights anytime he was in state and able to visit, but no way he was going to get full custody from the State of California as a single sailor. Yeah, the cards are stacked against you.