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Military Families Military Families

Local sailor ordered to be in court, despite being out to sea

Posted by on Jun. 19, 2014 at 12:32 AM
  • 27 Replies

BREMERTON, Wash. -- A Navy submariner is in the battle of his life trying to keep his little girl in a custody dispute. 

A judge has ordered Matthew Hindes to appear in court or face contempt, despite the fact that he's out at sea and there's a federal law meant to help those who are deployed.

The word "mom" comes easily for 6-year-old Kaylee. Benita-lynn Hindes is actually her step-mom, but she has been her primary parent for the last 4-years because her father Matthew Hindes is a regular crew member aboard the guided missile submarine USS Michigan.

Hindes and his ex-wife Angela are now locked in a custody dispute back in Michigan with a mandatory court hearing on Monday.  It's one he's unable to attend because the Michigan is deployed in the Pacific. 

Hindes' Navy commanders point to the "Servicemembers Civil Relief Act."  It says, "In an action covered by this section in which the defendant is in military service, the court shall grant a stay of proceedings for a minimum period of 90 days..."

But circuit court judge Margaret Noe in Michigan denied that protection for Hindes. The Daily Telegram quotes the judge, "If the child is not in the care and custody of the father, the child should be in the care and custody of the mother."  But sailor Hindes argues the child was taken from the ex-wife four years ago for neglect.

Still, Benita-Lynn says they have no choice. She's going to fly back to Michigan with Kaylee to be in court Monday with the possibility the ex-wife will get temporary custody and the sailor won't be there to say goodbye.

"Or be able to tell her, ''I'll always be with you. I love you,' and everything like that,"  Benita-Lynn said.

Military lawyers are now joining the effort to get a delay in the case.  In the meantime Hindes remains deployed serving his country.

"He's protecting the rights of others, but who's protecting his rights?" Benita-Lynn said.

Supporters of Hindes have started two Facebook pages to raise awareness about the story.

http://www.komonews.com/news/local/Submariner-fighting-for-custody-far-out-at-sea-263569101.html?tab=video&c=y&mobile=y

by on Jun. 19, 2014 at 12:32 AM
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Replies (1-10):
SlapItHigh
by Platinum Member on Jun. 19, 2014 at 12:40 AM

I don't know enough about this to have much of an opinion.  I assume there is much more to the story.  

USAFamily
by Melissa on Jun. 19, 2014 at 1:14 AM
In theory, I agree here: "If the child is not in the care and custody of the father, the child should be in the care and custody of the mother."

However, not enough info to really say.
Momof2Stepof3
by Member on Jun. 19, 2014 at 1:17 AM

From the reports the child was removed from the mothers care due to neglect. Step mom is only in care of her while dad is underway.

Quoting USAFamily: In theory, I agree here: "If the child is not in the care and custody of the father, the child should be in the care and custody of the mother." However, not enough info to really say.


DvlDogWfe
by Stella on Jun. 19, 2014 at 3:20 AM
Unless the mothers parental rights were totally stripped, this is a valid case unfortunately.
USAFamily
by Melissa on Jun. 19, 2014 at 3:28 AM
I saw that it said neglect- but that is what the husband is saying. I know there are always 2 sides to every story.

Quoting Momof2Stepof3:

From the reports the child was removed from the mothers care due to neglect. Step mom is only in care of her while dad is underway.

Quoting USAFamily: In theory, I agree here: "If the child is not in the care and custody of the father, the child should be in the care and custody of the mother."

However, not enough info to really say.

darbyakeep45
by Darby on Jun. 19, 2014 at 6:18 AM

My thoughts exactly.

Quoting SlapItHigh:

I don't know enough about this to have much of an opinion.  I assume there is much more to the story.  


gunsgirl
by Silver Member on Jun. 19, 2014 at 6:22 AM
4 moms liked this

the child was removed by DCF 4 years ago and the father has custody.

however the issues are that the mother initially wanted visitation but the father refused because of transportation issues/disputes.

so the mother took the father back to court however she waited until she knew that the father would be deployed and that she would get Noe as a judge.

an Attorney can play the court system with judges- scheduling appearances based on the judge on the bench that day.

I di not believe that if the dad cannot be there that the child should be with thier mother- regardless of why -

a Child should not be tossed from home to home because a parent is absent-

for those that have never been divorced and remarried it is hard to understand the family dynamics that are there with blended families

And IMO the judge told the step mom that she is unworthy of parenting this little girl because she is the not BIO mom, and that is a slap in the face for every step parent in the world.

Molimomma
by Bronze Member on Jun. 19, 2014 at 8:52 AM

I just saw this story on GMA. I feel bad for the family. It really seems unfair not to defer it until he's back, the girl has been with him and his wife for four years already why the sudden hearing now? The biological mom lost custody due to neglect so it doesn't seem like a good idea to rush through a hearing now. I hope it works out that his side gets to be heard and the hearing is fair.

Mommy2Bri425
by on Jun. 19, 2014 at 8:58 AM
Moms don't always deserve custody. If the father and his wife are more capable than the mom then so be it, blood relation is way over rated. There's a reason this child has been in their care for so long. There is no way that I would wait 4 years to take my ex to court for my child so in this case, no sympathy for the mom at all. Where the hell was she during the last 4 years? Why does she only want visitation? Why'd she wait until dude was gone?
sahmw2010
by Beth on Jun. 19, 2014 at 9:07 AM
Something is not right here. Either it is because of the judge/lawyer or something else. I dealt with MI courts regarding custody. Shoot even still deal with them. No im not the one deploying, but there have been times that either my ex or I had a court summons and ha to call and inform the court we couldnt make it back to MI at that time. And they changed it. And we needed proof of why we couldnt make it here. But they changed the date. Something somewhere is missing. But i dont know this story personally only what is written here. But something is missing
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