Scra??????

[dyce71]

What is the name of your state?MS

Can anyone please explain to me how SCRA soldiers and sailors relief Act, can affect child custody?

 

[casa]

What is the name of your state?MS

Can anyone please explain to me how SCRA soldiers and sailors relief Act, can affect child custody?

It depends on the nature of the custody dispute, where the parents are geographically and many other issues.

Contact your JAG or base legal. If you are not the service member, you can contact an attorney in your area with the facts of your case- and they can explain what part (if any) of the SCRA could affect your case.

Are you trying to locate a military member.... or establish enforcement of child support.... or get info. on the Former Spouse' protection act?? Need more info.

 

[dyce71]

I'm the civilian, the ex-spouse is military and going to iraq (soon), he said he will use the SCRA for the modification of custody suit we have right now. He said he had to physical custody on paper but the children would live with me. On his first visit, he took the kids with him to next duty station (HI). As soon as I found out what he had done I contacted my lawyer. Who in turn, took the money I paid him and went gambling, turns out the lawyer hadn't been paying his bills; phone, cable, secretary, etc. Strung me along for 8 months telling me what I wanted to hear, mean while, filing papers that were late, and never asking for extensions. He never served the ex. I had to do it myself. Finally, made some phone calls and some trips to the court house, and finally fired him. I have a new attorney, who seems to know her stuff, but its hard to get in touch with her. I have an appointment with her in the 11th. But I would like an idea of what I am looking at or some possible specific questions I could ask. We are filing for a change of custody, since his going to iraq (soon). And he said he plans on filing a SCRA and I won't be able to touch him, I will be stuck with the POA over the kids, but I will have to return them as soon as he returns. He has an attorney locally.

 

[LdiJ]

I'm the civilian, the ex-spouse is military and going to iraq (soon), he said he will use the SCRA for the modification of custody suit we have right now. He said he had to physical custody on paper but the children would live with me. On his first visit, he took the kids with him to next duty station (HI). As soon as I found out what he had done I contacted my lawyer. Who in turn, took the money I paid him and went gambling, turns out the lawyer hadn't been paying his bills; phone, cable, secretary, etc. Strung me along for 8 months telling me what I wanted to hear, mean while, filing papers that were late, and never asking for extensions. He never served the ex. I had to do it myself. Finally, made some phone calls and some trips to the court house, and finally fired him. I have a new attorney, who seems to know her stuff, but its hard to get in touch with her. I have an appointment with her in the 11th. But I would like an idea of what I am looking at or some possible specific questions I could ask. We are filing for a change of custody, since his going to iraq (soon). And he said he plans on filing a SCRA and I won't be able to touch him, I will be stuck with the POA over the kids, but I will have to return them as soon as he returns. He has an attorney locally.

You won't necessarily have to return them as soon as he returns. Your custody case will still be "pending" and can be taken back up again as soon as he comes back. In addition the judge can still make temporary orders.

 

[dyce71]

Thank you for the piece of mind. We have a Feb 17th court date, which is a few days before the ex lives for Iraq and won't be around for it. So, a temporary order will most likely be issued. And taken back up when he gets back.