The Servicemembers Civil Relief Act (SCR Act) was enacted in response to the disturbing trend of military forces having their custody arrangements changed after or before deployment, ending in parental time loss. The SCR Act's main goal is to ensure that any adjustments in custody due to deployment are only temporary and can end once the parent service member returns from their tour of duty.
The context of the statute dictates that custody shall only be returned to the original order if this is in the child/children's best interests, which is the principle by which all custody decisions are taken in the United States. The new trend also specifies that a judge may not consider a parent's deployment or the possibility of deployment when issuing a custody order.
State Laws Protecting Deployed Service Members Utah already has passed a similar law, HB401, which prevents a custodial parent from permanently losing custody as a result of their deployment. It also allows a noncustodial parent with visitation to delegate their visitation time to a close family member. California provides for the deployed servicemember's parenting time to be allocated to other family members.
It also states that custody will revert to the original order when a soldier returns
from deployment. In total, thirty-six states have passed legislation protecting soldier's parenting rights, and three states have legislation pending. The Servicemembers Civil Relief Act(SCR Act) is intended to unify the existing state laws and provide relief and protection for soldiers living in states that have no such legislation.
Do not waste time in the uncertainty of losing custody of your kids or having the least visitation rights by not grasping child custody laws. Contact Mr. Binoye Jos at Jos Family Law for the best advice. Find the right custody arrangement and guarantee success with the top Santa Ana divorce attorney. For a free initial consultation, call Jos Family Law at 1-714~733- 7066.