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
Date Written: March 10, 2009
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
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