Does SCRA apply to military service or only deployments in child custody cases?

Military Law Discussions
1

Hey, I’ve got a question about the SCRA and how it affects child custody. I’m on military orders right now and petitioned to have my son relocated, but the judge denied it. Now, the other parent is petitioning for primary custody, and I’m trying to figure out if SCRA protects me from permanent custody decisions while I’m still on military orders. I’ve read a bunch of conflicting info, so I’m not sure what’s true. Does SCRA only apply during deployments or is it about military service in general? I hope that makes sense…

2

From what I understand, SCRA does cover military service in general, not just deployments. It’s meant to protect service members from legal decisions being made while they’re away or unable to participate. You might want to check with a family lawyer who specializes in military law for more details.

3

@Keenan
Thanks! That’s helpful. I’ll reach out to a lawyer who specializes in military law and see what they say.

4

I’ve been through something similar. SCRA does protect military members, but the court still has to consider the best interests of the child. It’s a bit of a balancing act. The fact that you’re on orders could definitely work in your favor.

5

@Ari
Good to know. I’m really hoping this will help me out. I’ll definitely mention that I’m on orders when I talk to my lawyer.

6

Definitely talk to a lawyer, but SCRA is designed to protect military members from having things like custody cases go against them while they’re serving. I don’t think it’s only about deployments, it should apply while you’re on orders too.

7

Yeah, the whole military orders thing should count. The other parent can’t just use your service as a reason to take primary custody. Definitely get a lawyer to help explain how SCRA applies to your case.

8

@Mal
I’m on it! Thanks for the encouragement. It’s been a stressful time, but I’m hopeful this will work out.

9

It’s a bit complicated, but I’d say SCRA covers any military service, not just deployments. The court might still look at your situation and the child’s best interests, but I think the law is on your side here.