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Georgia Legislation Aims to Protect Military Parents' Custody Rights
Because Georgia lacks legal protection for military parents, a bill recently passed by the Georgia Senate seeks to preserve the child-custody and visitation rights of parents in the armed forces.
July 16, 2011 /HomeFamily PR News/ -- Military service members make extraordinary sacrifices while serving their country. And currently, Georgia's lack of legal protection for military parents can result in additional sacrifices at home. However, a bill recently passed by the Georgia Senate seeks to preserve the child-custody and visitation rights of parents in the armed forces, helping to assure them that all's quiet on the home front while they are serving on other fronts.
According to 13WMAZ in Macon, Georgia, single parents account for five percent of the U.S. military. In Georgia, there are more than 104,000 active duty and reserve Army soldiers who are parents to more than 100,000 children, reports Georgia Public Broadcasting.
Sometimes, military parents deployed overseas or even out-of-state for several weeks of training return to find that they have lost custody of or visitation (sometimes called parenting time) with their children. In some cases, family court judges have used a parent's military service as the sole reason to deny custody to that parent. But, military parents love their children just as much as any other parents, and the fact that they are serving in the military should not be used against them in child-custody and visitation disputes.
The Georgia Military and Family Equal Protection Act
In response to gaps in the law that allow the custody and visitation rights of military parents to be denied, the Georgia legislature is considering the Georgia Military and Family Equal Protection Act. The bill was passed unanimously by the Georgia Senate and must be passed by the House of Representatives before it can be signed into law by Georgia Governor Nathan Deal.
The legislation states that the purpose of the Act is to protect the custody and visitation rights of Georgia residents whose military duties make them temporarily unavailable to provide care or supervision to their children. Because the current status of Georgia law "adversely impacts upon military parents, their children, and indirectly, our national security by creating a 'custody crisis'" for people in the armed forces, the Georgia Military and Family Equal Protection Act would prohibit parents from being penalized for their military service in any child-custody decisions.
Legal Protection for Military Parents
To protect the legal rights of military parents, the Georgia Military and Family Equal Protection Act would:
- Prevent family court judges from making final custody rulings while a parent is on military assignment
- Prohibit military service and related relocation from being considered as factors when making custody determinations
- Make military service a "neutral factor" in determining someone's fitness as a parent
- Delegate visitation rights to the military parent's family members, such as grandparents, while the military parent is away
- Allow for temporary custody or visitation modifications while the military parent is on assignment
- Give military parents 90 days to prepare for custody hearings after returning from assignments
- Require non-military parents to provide access to the children through letters, emails, phone calls and video conferencing, if available, while the military parent is on assignment
- Require military parents to provide documentation of military assignments and any child-support payments while away
Georgia Child Custody
In Georgia, the law does not favor a mother or father in custody decisions. Neither parent has a "head start" in the determination; rather, a judge will make the custody ruling based on the best interests and welfare of the child.
When making a custody determination in the best interests of the child, a judge will consider several factors listed in the Georgia Code, including:
- The love, bonding and emotional ties between each parent and the child as well as any siblings
- The ability of each parent to give the child love, affection, guidance and necessary basics such as food, clothing and medical care
- The mental and physical health of each parent
- The home environment of each parent and the length of time the child lived there
- Each parent's involvement in and the child's educational, social and extracurricular needs
- The willingness and ability of each parent to facilitate and encourage a close relationship between the child and the other parent
- Any evidence of family violence; sexual, physical or mental abuse; or substance abuse by either parent
After evaluating these factors, a judge will award physical and legal custody to one or both parents. Physical custody determines where the child will live, and legal custody grants a parent, or both parents, the right to make major decisions regarding the child such as education, healthcare and religious decisions.
If you have questions about child custody or visitation, or are wondering how your military service affects your legal relationship with your child, contact a knowledgeable family law attorney.
Article provided by Edwards & Associates, Family Law Attorneys
Visit us at www.redwardslaw.com
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