Time for JAG Offices to Step Up and Assist Parents Returning From War

It is a travesty and a disgrace, and quite frankly a national embarrassment that custodial parents returning from active duty are facing custody suits and expensive legal battles, and even losing custody of their children after following the military’s Family Care Plan prior to deployment.

Here in Kansas City, we are following the stories of Dena Stephenson and Regina Ellis. Both deployed to Iraq and followed the Family Care Plan, which gave temporary custody; guardianship and power of attorney, to the non-custodial fathers. Now both are embroiled in custody battles that leave sane persons wondering how the hell these things come to pass.
Dena Stephenson was the custodial parent of her 6-year-old daughter Kristina. When she was called up, she followed the FCP and transferred custody to Kristina’s biological father. Upon her return, her daughter was very clingy to her mother, wanting to spend every moment with her. Her father responded by filing a suit for shared custody. Dena Stephenson disagrees with this as a parenting strategy and wants to return to the way things were prior to her shipping out to war.

Regina Ellis, however, has a tale that will make your blood boil. Ellis too, followed the FCP prior to shipping out. Now that she has returned, her ex-husband has sued for – and gained – custody of their son Trevor. Ellis sees her son only every other weekend.

In 2003, congress passed a law that is supposed to protect service members in combat zones from civil suits while they are deployed. That law is being challenged in Kansas courts. (That law is being flouted in Kansas courts is more like it.)

A spokeswoman at Fort Riley said that returning soldiers are offered re-entry counseling, but no legal assistance in civil matters, and issues of child custody are civil matters. (She might have a little more to say if she became a victim of this idiocy, and her children were ripped away from her for the sole reason that she served her country in uniform.)

Exuse me? I think the military owes it’s troops the legal assistance to regain custody if the troops who follow the military’s guidelines and Family Care Plan lose their kids, the military needs to stand up for their document – and thereby their troops – in court if their FCP is the problem here. Not blow it off as a "civil matter" that the military bears no onus for.

Just add this to a long line of recent military disgraces. One thing I do know for sure…Nothing is going to improve for our soldiers, sailors, airmen, and marines until we get a new commander in chief. One who will fire a shit-load of boot-licking Generals and promote some well-deserving Colonels. One who knows the score and won’t be cowed by the pentagon, but will instead stand up to the power structure as we know it.

Let the hunt begin!