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Soldiers Fight War ... and for Custody

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Spouses seek an 'advantage' by citing deployment as they battle for kids.

woman soldier

We were just outraged when we read the Washington Post piece about soldiers who are losing their kids in custody battles just because they have been deployed to Iraq.

Female troops may be particularly at risk, because mothers are more likely to have custody of children after a divorce. "For them to go away for 15 to 18 months, it opens the door to these challenges," said A.J. Balbo, a former Army judge advocate.

Nearly 10% of enlisted female soldiers and Marines obtained divorces in 2008, up from 7.1% and 8.3%, respectively, in 2004.

Although more than 20 states have passed legislation over the past two years to limit the impact of deployments on custody decisions, many states don't offer any protections.

We think this is unbelievably unfair. How about you?


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2 comments so far | Post a comment now
Martin December 30, 2008, 5:06 PM

I don’t see what is unfair about the situation. Courts are given the task of determining what is in the best interests of the children. Using legislation to make any particular factor off limits seems unfair.

AliciaLucky December 30, 2008, 8:00 PM

How is it in the best interest of any child to loose a parent to divorce or for any other reason. Why should the courts exacerbate the situation by excluding a parent whose absence is in the line of duty to your country and who has little or no say in what happens to their children? Those states that do not offer protections to those who are serving our country should change those limitations immediately. And long ago.


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