Child custody issues are among the major concerns, which surface in the wake of a divorce. These issues may be considered special concerns, since the well-being of a child is at stake. Although divorce and child custody laws vary from state to state, most family court approaches, including those in Texas, to such situations seem to be similar. The controversy created by a recent child custody case puts certain aspects of custody laws in sharp focus.
A submariner in the U.S. Navy, who was on active duty in the Pacific, was asked by the state court to appear for a hearing within a week. Unfortunately, failing to appear meant he would lose custody of his child, and he might be required to spend time in jail. The ruling led to a major outcry among military personnel who demanded fairness and justice for the deployed dad. Following the furor, the judge overseeing the case subsequently moved the hearing to a date after the soldier was expected to be stateside, which was allowed by an existing federal law.
The sailor filed for divorce five years previous. Although custody of the 6-year-old daughter was initially granted to the mother, state authorities took the child into protective custody on the grounds of neglect and abuse. Subsequently, legal and physical custody was awarded to the father. Currently, the petty officer’s former wife is contesting the loss of custody through the filing of this lawsuit.
Such child custody cases, wherein military men and women become unfairly entangled in custody disputes, are not uncommon. A considerable amount of time and money may also be spent pursuing such cases. An effective approach to fighting loss of custody would be to consult an experienced McKinney child custody attorney.
Source: Marine Corps Times, “Custody case highlights a dilemma of deployment,” Lance M. Bacon, July 5, 2014