blog home Child Allocation Legislation Proposed to Prevent U.S. Military Members from Losing Child Due to Service and Deployment

Legislation Proposed to Prevent U.S. Military Members from Losing Child Due to Service and Deployment

By Nottage and Ward on March 9, 2011

According to ArmyTimes, legislation has been proposed that would prohibit active military service members from losing custody of their children simply because of deployment. U.S. Defense Secretary Robert Gates supports the legislation, which reverses the Department’s position regarding the issue.

Previously, the stance of the Defense Department was to oppose federal legislation on the topic. However, Gates has now stated he supports legislation that provides service members federal protection in instances where it is determined that the sole factor in a child custody decision was military service.

A recent study conducted by the Defense Department did not find any instances of a service member losing child custody solely due to their military service. However, in recent years, anecdotal reports suggest that many troops believe child custody decisions are made against them largely because of the demands of their service, particularly during wartime when they are frequently deployed for extended periods of time.

Officials with the Defense Department have been working with the States to deal with the unique facets of military service to guarantee that a parent’s absence because of their military service should never be the reason for losing child custody or visitation rights.

The Illinois child allocation attorneys at Nottage and Ward are well-versed in state laws regarding custody and parenting time issues. We can explain your parental rights concerning your specific situation, such as when your spouse is an active member of the military. To find out how we can help, call 312-332-2915 today.