Help for troops in custody cases
House OKs Turner’s bill barring judges from considering deployment status. where its fate is uncertain because of potential opposition from Sen. John McCain, R-Ariz.
The bill does have strong bipartisan support, however, and as recently as last year won the backing of then-Secretary of Defense Robert Gates.
In a brief speech on the House floor before the vote, Turner, R-Centerville, said that all too often state courts have ruled against a service member in child custody cases by citing the fact the member of the armed services either is deployed abroad or about to be shipped to a foreign conflict.
Turner’s bill, if approved by the Senate, would establish a national standard that would prohibit state judges from using a service member’s possible deployment as a factor in deciding a custody dispute.
“We should not have one arm of the government ordering our service members to deploy, and another arm of our government taking their children away from them based on the fact that they were away serving their country,’’ Turner said.
“State laws differ on the question of whether deployment or the potential for future deployment can be used as a criterion by these courts,’’ Turner said. “And many states have no law at all. The difference in state laws provides an opportunity for ex-spouses to venue shop to find a state that will alter custody agreements.’’