Servicemember’s Civil Relief Act (SCRA) Protections Related To Adoption and Child Support in Colorado Springs Divorce and Child Custody

Are you involved in a Colorado Springs divorce or child custody proceeding involving the Servicemember’s Civil Relief Act? An experienced Colorado Springs divorce and child custody lawyer can guide you through the legal process and assist you in exploring your options. You have one bite at the apple in the court system so make it count.

The SCRA provides specific protections to servicemembers involved in civil proceedings, to include adoption proceedings. This protects them from disadvantage in legal matters due to requirements of their military service. One such protection is the tolling of court timelines. Such a toll can be relevant for example, in the area of adoption. One of the legal standards for an adoption involves abandonment of the child for more than a year. Abandonment involves lack of contact. However, if a SM is deployed, that will limit contact with children. For example, if the grounds for abandonment of a child are minimal contact for over one year; the SCRA will toll this period of time. It is only fair that a military parent in service to their country on deployment should not be determined to have abandoned his or her child.

As with adoptions, the SCRA protects servicemembers such that their military service does not unfairly prejudice their legal rights. However, child support matters can be urgent and a stay can cause complications with the ability of children for financial support. Generally, if there is no contest to how income is calculated for the parties, the number of parental overnights with the children, or to adherence to the child support guidelines, and there are no unique financial circumstances, child support cases typically could proceed without the presence of both parties.

Servicemember compensation information is readily available. Even if the military party does not provide a pay statement, military pay and standard allowances are a matter of public record and can be found at the Defense Finance and Accounting Service website. It should be noted that the SCRA does not absolve SM’s of their support obligations.

Turning Change Into Opportunity in Colorado Springs, Colorado Divorce and Child Custody

A highly knowledgeable and experienced Colorado Springs divorce and child custody lawyer can guide you through Colorado Springs divorce and child custody matters by negotiating, mediating and litigating on your behalf. You can focus on moving to a better future instead of spending your time attempting to navigate complex legal rules and procedures.

Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find here. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation. We also offer paid advice sessions for a more in-depth analysis of your case.