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The Servicemembers Civil Relief Act in Parenting Matters and Locating Military Personnel in Colorado Springs Divorce
Are you involved in a divorce or child custody case involving the Servicemember’s Civil Relief Act? An experienced divorce and child custody lawyer can guide you through the legal process to assist in exploring your options. You have one bite at the apple in the court system so make it count.
Federal legislation protects servicemembers in allocation of parental responsibilities/AKA child custody proceedings. First, the Servicemember’s Civil Relief Act (SCRA) protects those on active duty military service as well as well as those in the military reserves and National Guard when activated for federal service under Title 10 of the United States Code. 50 U.S. Code (50 U.S.C. § 3901 et seq.). The Act was passed to enable those serving in the military to focus on the defense of the United States by providing for some protection from judicial and administrative proceedings that might adversely affect a focus on military duties. Servicemembers can have difficulties in handling personal matters while acting in the defense of their nation, particularly while stationed outside of the continental United States. Some court and administrative proceedings can be stayed temporarily during military service under the SCRA.
A second Act, the Uniform Deployed Parent’s Act (UDPCVA), protects military personnel during deployment. The UDPCVA is a law designed to address the unique child custody issues that arise when a parent is deployed for military or national service. Its primary objectives are to protect the rights of deploying parents, ensure the best interests of the child, and provide consistency and predictability across jurisdictions.
Verifying And Informing A Court Of Military StatusThe first step is to determine military status. On petitions, it is necessary to identify the military status of both parties. Additionally, when there has been service on a military member who has not made an appearance in court through filing a document or personal appearance, military status should be determined. If it is not known whether a party has military status, an inquiry may be made to the Department of Defense (DoD). There is a publicly available SCRA website which may be utilized to determine military status. It is the Servicemember’s Civil Relief Act (SCRA) website located in here
The inquiring party provides the individual’s last name and Social Security Number (SSN). Other optional information may be provided to assist in locating results. If the party is on active duty military service, the report will show the branch of service and start date of active duty status. The system can show prior dates of active military service as well.
Turning Change Into Opportunity in Colorado Springs, Colorado
A 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 on 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.
