Tuesday, May 08, 2007
Editorial: Forced to fight battles on both fronts
While soldiers are on the battlefield, family courts need to call a cease-fire in custody cases.
War is hell. So, too, are child custody battles. No one should be forced to fight both at the same time.
American soldiers who temporarily relinquish custody of their children to ex-spouses when deployed to Iraq or Afghanistan are finding courts, in their absence, have made the arrangements permanent.
The Associated Press in the Sunday Roanoke Times reported that active duty soldiers, reserve and Guard members are increasingly losing their parental rights because court cases are initiated in their absence.
It is not surprising that there would be bitter ex-spouses working the courts, trying to wrest custody from soldiers while they are on the battlefront. What isn't expected, though, is that family courts would permit this by citing "the best interest of the child."
How can a court determine that issue when one parent cannot -- without deserting the military -- present his or her side? Obeying military orders shouldn't be viewed as deserting a child.
Federal law is supposed to protect military personnel against court proceedings while they are on active duty. The Servicemembers Civil Relief Act, adopted during World War II and expanded in 2003, shields soldiers from court proceedings in all but criminal cases, so they can devote their energy to the nation's defense.
For example, creditors can't seize soldiers' belongings until they return from war and are able to devote their energies to putting their personal affairs in order. Surely soldiers' relationships with their children hold more value than their automobiles.
The year or two that parents are away strains the bonds with their children and some adjustments are needed upon returning home. But that is true even of intact families.
Courts should not quickly jump in to these battles. Custody agreements reached prior to activation should not be challenged while soldiers are on the front. Nor should military activation alone be cause to sever custody rights.
Federal law should be clear on this. Because it's not, several states have adopted or are considering legislation to require that custody reverts to the original agreement once deployment ends. Virginia should follow suit.
