How Are Family Law Cases Involving Service members Different From Others?

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The Service members Civil Relief Act (SCR Act) was created in response to a troubling trend in which military forces' custody arrangements were modified after or before deployment, resulting in parental time loss. The major objective of the SCR Act is to guarantee that any changes in custody caused by deployment are just temporary & may be reversed once the parent service member returns from their tour of duty.

The context of the legislation requires that custody be restored to the original order solely if it is in the best benefit of the child/children, which is the guiding principle for all custody judgments in the U.S. The new trend also specifies that a judge may not consider a parent's deployment or the possibility of deployment when issuing a custody order.

State Laws Protecting Deployed Service Members:- Utah already has passed a similar law, HB401, which prevents a custodial parent from permanently losing custody as a result of their deployment. It also allows a noncustodial parent with visitation to delegate their visitation time to a close family member. California provides for the deployed service member's parenting time to be allocated to other family members.

It also states that custody will revert to the original order when a soldier returns from deployment. In total, thirty-six states have passed legislation protecting soldier's parenting rights, and three states have legislation pending. The Service members Civil Relief Act(SCR Act) is intended to unify the existing state laws and provide relief and protection for soldiers living in states that have no such legislation.

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