Disparity in State Court Application of the Servicemember's Civil Relief Act to Child Custody Proceedings: 2008 Amendment

American Journal of Family Law. Fall 2009, Vol. 23 Issue 3, p 142-149. 8p.

9 Pages Posted: 11 Mar 2014

See all articles by Jason Gordon

Jason Gordon

Georgia Gwinnett College Business School

Date Written: March 10, 2009

Abstract

What happens when a servicemember is or becomes a party to an administrative or civil action? Military service often leaves the servicemember unable to attend, participate, or defend herself in such proceedings. The Servicemember’s Civil Relief Act (SCRA) protects the servicemember from suffering the adverse consequences of such litigation due to military service. State courts apply the provisions of the SCRA to determine whether the servicemember’s military duties make her unable to participate in the proceeding and thereby prejudice her rights. Of particular interest is the manner in which state courts make this determination in child custody proceedings. The following scenario gives an example of the situation many servicemembers face.

Keywords: Soldier, Servicemember Civil Relief Act, Child Custody

Suggested Citation

Gordon, Jason, Disparity in State Court Application of the Servicemember's Civil Relief Act to Child Custody Proceedings: 2008 Amendment (March 10, 2009). American Journal of Family Law. Fall 2009, Vol. 23 Issue 3, p 142-149. 8p. , Available at SSRN: https://ssrn.com/abstract=2407035

Jason Gordon (Contact Author)

Georgia Gwinnett College Business School ( email )

1000 University Center Lane
Lawrenceville, GA 30043
United States

HOME PAGE: http://www.ggc.edu/

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