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Soldiers and Sailors Civil Relief Act

If a servicemember that has sole custody of their child is deployed, does this act protect them from their former spouse taking them to court for custody? Thanks in advance.

 
nicolemstacy

Asked by nicolemstacy at 10:50 AM on Jul. 8, 2010 in Politics & Current Events

Level 19 (7,807 Credits)
This question is closed.
Answers (5)
  • NO civil case can be brought against a soldier while he is deployed overseas. NO divorce, custody, repossession, just about anything. There was a case though a few years ago when a judge took custody of a marine's child from him while he was in Iraq and gave it to his ex wife. She said that it had nothing to do with the SSCRA because she would have taken custody from the father anyways. The servicemember may be able to get emergency leave though to go to court if he/she is in danger of loosing custody of a child.

    From the law itself:
    Extends the application of a servicemember’s right to stay court hearings to administrative hearings. It now requires a court or administrative hearing to grant at least a 90-day stay if requested by the servicemember. Additional stays can be granted at the discretion of the judge or hearing official.

    http://usmilitary.about.com/cs/sscra/a/scra1.htm
    matthewscandi

    Answer by matthewscandi at 12:59 PM on Jul. 8, 2010

  • Yes.
    matthewscandi

    Answer by matthewscandi at 11:06 AM on Jul. 8, 2010

  • Thank you, do you know where I can find in black and white where it states that? I've looked everywhere online and can only find examples of cases.
    nicolemstacy

    Comment by nicolemstacy (original poster) at 11:19 AM on Jul. 8, 2010

  • I don't know about that but I would talk to a lawyer to get the real answer. I'm giving this a bump though
    itsmesteph11

    Answer by itsmesteph11 at 11:55 AM on Jul. 8, 2010

  • Thank you so much!
    nicolemstacy

    Comment by nicolemstacy (original poster) at 2:11 PM on Jul. 8, 2010