The Servicemembers Civil Relief Act (SCRA) ensures fairness in custody decisions by preventing default judgments during a parent’s deployment. This allows deployed parents to focus on their duties without the added stress of potentially losing custody of their children due to their absence.
Service members can request a pause on court orders
If a deployed parent cannot follow a court order or judgment due to their military duties, the court can pause the enforcement of that order for the duration of their deployment and 90 days after. This means they can put a temporary hold on fulfilling custody duties, such as visitation schedules or child support payments.
Moreover, deployed parents have the right to actively seek this protection. While the court has the discretion to pause the enforcement of a court order on its own, the SCRA requires them to do so if the deployed parent requests it.
Service members have protection against default judgments
Normally, if a defendant doesn’t show up in court, the court can automatically decide in favor of the plaintiff without looking into the details of the case. This can be particularly problematic in custody cases, where the absence of one parent could lead to unfavorable decisions.
If a deployed parent receives a default judgment against them, they can ask the court to cancel it within 60 days after leaving military service. They must show that their military service prevented them from attending court and that they have a valid defense, allowing them to contest judgments made in their absence.
Service members can request a stay of proceedings
If a parent cannot take part in a child custody case due to their military duties, they can request the court to pause the proceedings. This rule applies while they are in service and for 90 days after they leave the military. However, this right cannot be used to avoid responsibility or delay the case indefinitely. Courts can deny a pause if the case involves only legal issues that do not require the service member’s presence or if they are not the main person involved.
Your service shouldn’t cost you your family
Being a service member is a great honor and sacrifice. However, it shouldn’t put you at a disadvantage when it comes to your child’s future and well-being. Understand your rights and explore your legal options today.
