• 07
  • May
    2010

Military parents nationwide have expressed concern that the potential for future deployment is being taken into account by family courts when making decisions about child custody. Ohio Representative Michael Turner (R) and South Dakota Representative Stephanie Herseth Sandlin (D) have called for legislative action.

In an April 29 meeting with Defense Secretary Robert Gates, the two called for "a national, baseline standard that protects service members and allays their unrest about future deployment being used as a criterion in deciding child custody cases," according to the Navy Times.

Turner has offered legislation for the past three years calling for child custody protections, but the Pentagon has thus far opposed it. Gates has promised to take a fresh look" at service members' concerns."

Pentagon officials have been reluctant to dictate to state courts, who they argue are better able to assess individual cases and determine what is in the best interest of the child. Nevertheless, in a letter sent to Gates, Turner and Herseth Sandlin said, "We are confident that we can work with the Department of Defense on a solution to this matter that will protect our men and women in uniform, as well as their families."

Iowa First State to Take Action on Military Child Custody Concerns

Meanwhile, Iowa governor Chet Culver signed Senate File 2226 into law on April 27. The new law clarifies parents' child custody rights when they are deployed and ensures they will receive due process when changes in custody are proposed. It also gives service members the right to designate certain relatives to exercise their visitation rights while they are deployed.

"By enacting these measures, we are keeping our promise to all who are serving and have served," Culver commented. He signed six other bills into law covering subjects ranging from unemployment to housing for members of the military, completing Iowa's veteran's agenda. As a package, the legislation addresses all ten Defense Department priorities to support service members and their families. 

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