Can custody hearings be postoned due to Active duty in the military?????

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[This message has been edited by Always searching (edited October 14, 2000).]

i had military questions myself and a few good (very good) people responded. as i was told, military legal offices can only help with wills and such. they can give advice on other topics but when it comes to actual court a civilian lawyer would be needed. there are attorneys out there who are familiar with the military. seek one of those. to your other question about postponment. it is called the "sailer/soldier relief act" it means that someone on active duty could not be taken to court unless there was resonable mean of getting there. if your daughter was in germany for example then it would be highly doughtful that she could just hopp over to the court house, however just because she is on active doesn't mean she could use the "act". seek legal counsil it usually is not much for a first consult and that would be all you needed at first anyway.

The Soldiers and Sailors Civil Relief Act of 1940 (SSCRA) is intended to postpone, or suspend certain civil obligations to enable service members to devote full attention to duty. Reservists and the members of the Nat'l Guard are protected under SSCRA while on active duty
The protections generally begin on the date of entering active duty, and generally terminate 30 to 90 days after the date of discharge from active duty.
Your daughters availability to appear will be a key factor, in the court discretionary delay in the proceeding, Usually requests for a stay are granted if the time period of delay is limited-(i.e. training, TDY, exercises, etc.)
<LI>Before a Court can enter a default judgement , for failing to appear, the person suing must sign an affidavit that the defendant is NOT in the military.
<LI>If a default judgement is then entered, the military member can apply for re-opening of the cause, within 90 days after leaving Active Duty. But there must be a showing that the member was prejudiced,and shows that she has a legal defense.
<LI>As a reservist, she may not be protected, after her initial training period.
<LI> His threats are more about your daughter getting on w/her life, and the child, poor thing, is in the middle
IMPORTANT!!!!!!!!!!
<LI> On entering basic training in San Antonio, she will be asked about dependants---- there is an Air Force Form 357, that she will need to complete. YOUR information must be on the contact list for the alternative care for the child. If he is put there, the Air Force has no alternative but to let him take the child, if he shows up while she's training..

Finally- good for your daughter! Basic Training can be FUN, but worrying about the child, can ruin her chances for a great time, in the reserves.

Mis-understood the post, I guess, I tho't she hadn't left yet. The Judge did right by granting the continuance, but check into the AF FORM 357.