Reps. Turner, Herseth Sandlin welcome Defense Secretary Gates' 'fresh look' at military child custody rights
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WASHINGTON, D.C. – Following a meeting at the Pentagon today
with Secretary of Defense Robert Gates, U.S. Representatives Michael R.
Turner (R-Ohio) and Stephanie Herseth Sandlin (D-SD) expressed appreciation
for the Secretary’s acknowledgement of the problem posed by use of
deployment as a criterion in deciding child custody cases, as well as for
his commitment to “take a fresh look” at protecting the rights of our
servicemen and women in child custody disputes.
Reps. Turner and Herseth Sandlin have called on the Pentagon to support
federal safeguards of military parents’ rights in custody cases. Currently,
military parents have no guarantee that their child custody agreements will
be preserved while they are called away on deployment. In some states,
military parents have lost custody of their children due to their military
service or even the possibility of their deployment. Previously, Secretary
Gates had expressed the desire to allow states to individually determine
their own custody protections.
Citing the current array of state laws that provide inconsistent levels of
protection for service members who must fight to retain custody of their
children upon return from deployment, Reps. Turner and Herseth Sandlin noted
the need for a national, baseline standard which protects service members
and allays their unrest about future deployment being used as a criterion in
deciding child custody cases.
“We would like to work with the Department on a solution to this matter that
will protect our men and women in uniform, as well as their families,” Reps.
Turner and Herseth Sandlin stated in a letter to the Secretary following the
meeting.
For the last three years, Rep. Turner has successfully offered
an amendment to the annual National Defense Authorization Act (NDAA)
providing military parents basic child custody protection while on active
duty, yet each time the amendment has been opposed by the Pentagon; his
legislation was approved unanimously by the House of Representatives as a
stand-alone bill in 2008. In February, the Veterans Affairs Subcommittee on
Economic Opportunity, which Rep. Herseth Sandlin chairs, held a hearing on
the issue.
Noting that April is the Month of the Military Child, Rep.
Turner said, “Until now, the Department of Defense has refused to
acknowledge the problem and has seemed essentially uninterested in the
parental rights of the men and women who serve our country on the front
lines of battle. Providing a consistent standard would be good for our
servicemembers and good for their children. I look forward to continuing to
work with Rep. Herseth Sandlin to replace this patchwork of laws with one
consistent standard on which our military families can rely.”
“I appreciated Secretary Gates’ willingness to meet with us and discuss the
importance of protecting the rights of our servicemembers,” Rep. Herseth
Sandlin said. “In the House Veterans’ Affairs Economic Opportunity
Subcommittee, which I chair, we have worked to improve the Servicemembers
Civil Relief Act to improve and protect the rights of servicemembers when it
comes to issues such as employment and home loans affected by deployments,
and I think the protection of child custody arrangements deserves equal
consideration.”
According to the Defense Department, some states currently
afford some level of custody protections for servicemembers, but their
approaches vary widely, and other states offer no such protections for
military personnel at all. Such disparities underscore the need to enact a
baseline of federal protections for servicemembers.
Rep. Turner’s child custody protection amendment was included in
the House-passed FY10 NDAA, but the Senate companion bill did not contain
custody protection language, and the House language was deleted in
conference.[[In-content Ad]]
with Secretary of Defense Robert Gates, U.S. Representatives Michael R.
Turner (R-Ohio) and Stephanie Herseth Sandlin (D-SD) expressed appreciation
for the Secretary’s acknowledgement of the problem posed by use of
deployment as a criterion in deciding child custody cases, as well as for
his commitment to “take a fresh look” at protecting the rights of our
servicemen and women in child custody disputes.
Reps. Turner and Herseth Sandlin have called on the Pentagon to support
federal safeguards of military parents’ rights in custody cases. Currently,
military parents have no guarantee that their child custody agreements will
be preserved while they are called away on deployment. In some states,
military parents have lost custody of their children due to their military
service or even the possibility of their deployment. Previously, Secretary
Gates had expressed the desire to allow states to individually determine
their own custody protections.
Citing the current array of state laws that provide inconsistent levels of
protection for service members who must fight to retain custody of their
children upon return from deployment, Reps. Turner and Herseth Sandlin noted
the need for a national, baseline standard which protects service members
and allays their unrest about future deployment being used as a criterion in
deciding child custody cases.
“We would like to work with the Department on a solution to this matter that
will protect our men and women in uniform, as well as their families,” Reps.
Turner and Herseth Sandlin stated in a letter to the Secretary following the
meeting.
For the last three years, Rep. Turner has successfully offered
an amendment to the annual National Defense Authorization Act (NDAA)
providing military parents basic child custody protection while on active
duty, yet each time the amendment has been opposed by the Pentagon; his
legislation was approved unanimously by the House of Representatives as a
stand-alone bill in 2008. In February, the Veterans Affairs Subcommittee on
Economic Opportunity, which Rep. Herseth Sandlin chairs, held a hearing on
the issue.
Noting that April is the Month of the Military Child, Rep.
Turner said, “Until now, the Department of Defense has refused to
acknowledge the problem and has seemed essentially uninterested in the
parental rights of the men and women who serve our country on the front
lines of battle. Providing a consistent standard would be good for our
servicemembers and good for their children. I look forward to continuing to
work with Rep. Herseth Sandlin to replace this patchwork of laws with one
consistent standard on which our military families can rely.”
“I appreciated Secretary Gates’ willingness to meet with us and discuss the
importance of protecting the rights of our servicemembers,” Rep. Herseth
Sandlin said. “In the House Veterans’ Affairs Economic Opportunity
Subcommittee, which I chair, we have worked to improve the Servicemembers
Civil Relief Act to improve and protect the rights of servicemembers when it
comes to issues such as employment and home loans affected by deployments,
and I think the protection of child custody arrangements deserves equal
consideration.”
According to the Defense Department, some states currently
afford some level of custody protections for servicemembers, but their
approaches vary widely, and other states offer no such protections for
military personnel at all. Such disparities underscore the need to enact a
baseline of federal protections for servicemembers.
Rep. Turner’s child custody protection amendment was included in
the House-passed FY10 NDAA, but the Senate companion bill did not contain
custody protection language, and the House language was deleted in
conference.[[In-content Ad]]