A Victory for Military Parents (From Glenn's E-Newsletter, 1/3/06)
Michigan military parents scored a big victory last week with the signing of a military custody bill by Michigan Governor Jennifer Granholm (see the Associated Press' Granholm signs bills to protect custody for deployed parents). I've written several columns on the problems which divorced military personnel face--to learn more, see Laws Must Protect the Rights of Military Dads (Army Times, Marine Corps Times, 3/28/05).
Jim Semerad and Dads of Michigan worked hard to pass the bill. Jim writes:
"Michigan Governor Jennifer Granholm has signed the military custody bill which would provide:
1. Prevention of a change of custody while a military service member is deployed
2. Prevent the absence from regular parenting time to affect the weighting of the 12 custody factors in custody determination.
"Thanks to Joseph McNeilly, a National Guardsman from Lansing, MI, for his tireless effort and testimony to make this happen, Rep Rick Jones, House sponsor, Sen. Patty Birkholz, Senate sponsor, CDR Jim Semerad, SC, USNR, and DADS and MOMS of Michigan PAC for testimony, numerous correspondence, and telephone contact.
"The staff at Rep. Jones office were enthusiastic and very supportive in making this happen."
The following press release has been issued:
"Governor Granholm Signs Legislation to Protect Parental Rights for Military Personnel
"LANSING--Governor Jennifer M. Granholm today signed legislation that will protect the parental rights of military personnel serving in the Michigan National Guard while they are on active duty.
"'The men and women serving in the military and the reserves sacrifice on our behalf every day,' Granholm said. 'I am proud to sign legislation that will protect them from having to sacrifice even more for their service.'
"The issue of parental rights of military personnel serving overseas gained prominence earlier this year after the story of one mid-Michigan solider received media attention. The soldier, a member of the Michigan National Guard, lost shared custody of his child while serving in Iraq. Friend of the Court papers cited the man's 'abandonment' of the child as a reason for the custody change. Media reports at the time indicated the case was not an isolated problem.
"The two bills signed today by Granholm prohibit Michigan courts from changing custody orders or a child's placement while a parent is on active military duty unless there is convincing evidence that such a change is in the best interests of the child. The bills were given immediate effect.
"'Ensuring that children are protected while their parents serve our country is critically important,' Granholm said. 'This legislation balances the needs of the child and the rights of the parents in challenging circumstances.'"
"House Bill 5100 (Public Act 328) was sponsored by Representative Rick Jones (R-Grand Ledge) and Senate Bill 714 (Public Act 327) was sponsored by Senator Patty Birkholz (R-Saugatuck)."
The success in Michigan in helping military parents follows on the heels of our success in California. In September, Governor Arnold Schwarzenegger signed SB 1082, which addresses the way parents who serve are often taken advantage of in custody and family law matters while they are deployed. It will also help resolve the child support nightmare many mobilized reservists face. To learn more about SB 1082, see my co-authored column California's Military Reservists Need SB 1082 (Riverside Press-Enterprise, 4/14/05).
Working through the Military Parents Alliance, the Sackson Horde helped build support for the bill. In fact, the Senate Judiciary Committee Analysis of SB 1082 made specific note of your calls and letters.
Special credit goes to lobbyist Michael Robinson and Stan Diorio of the California Alliance for Families and Children for their fantastic work in passing this bill. The bill was sponsored by Senators Denise Moreno Ducheny (D-San Diego) and Bill Morrow (R-Oceanside).
According to Robinson, Senator Morrow was first inspired to take up this cause after he read The Betrayal of the Military Father (Los Angeles Daily News, 5/4/03). It is the story of Gary S., a San Diego-based US Navy SEAL whose little boy was permanently moved from California to the Middle East against his will while he was deployed in Afghanistan after the September 11 terrorist attacks. To hear an interview with Gary on His Side, go to Two Years into Iraq War, Little Has Been Done to Protect the Rights of Military Fathers (3/13/05).
