Custody Protection for Military Reservists
Wednesday, October 14th, 2009
Currently in Colorado we have many parents that are in the military reserves. Unlike the regular military, these parents may or may not be called into active service and if they are, the service will be temporary and any orders for deployment will be considered interim.
So, lets say that Sally is the the Army Reserves and she has the majority of parenting time for her three year old son. Sally is called up for active duty and sent to Afghanistan under a one year interim order. Sally then asks her ex-husband Joe if he will take care of their son while she is away and Joe agrees.
When Sally returns at the end of her tour of duty (all in one piece; thank god), she is expecting to get her son back but Joe has decided to bring a motion to modify parenting time stating that his son has been voluntarily integrated into his household over the past year and it is in the childs best interests to stay with him. He is asking to now be the parent with the majority of the parenting time (residential parent).
Normally speaking, if Sally had voluntarily given all parenting time of her three year old son to her ex-husband Joe for one year, he would have a right under CRS 14-10-129 to ask for a modification of parenting time. However, under a recently legislated statute; CRS 14.10-131.3 Sally now has special protection as a military reservist.
CRS 14.10-131.3 Protection for Military Reserve Parents went into effect on August 5th, 2008. Here is the relevant information:
1. You must be a member of the Military Reserves (not the regular military)
2. An agreement to temporary modification of parenting time while deployed does NOT constitute consent to integration of the child into the household of the other parent for purposes of a motion to modify primary residential parent or decision making.
3. Even if there is an interim court order for modification of parenting time during the reservist's absence, that order will be automatically vacated and the original parenting plan put back in place upon the reservists return.
4. This statute doe not prevent orders for modification based on reasons other than deployment.
So, in Sally's case. The Court would reference CRS 14.10-131.3 and deny the motion to modify parenting time because it was soley based on Sally's deployment to Afghanistan. Now that she is back, the original parenting plan goes back into effect.
So, lets say that Sally is the the Army Reserves and she has the majority of parenting time for her three year old son. Sally is called up for active duty and sent to Afghanistan under a one year interim order. Sally then asks her ex-husband Joe if he will take care of their son while she is away and Joe agrees.
When Sally returns at the end of her tour of duty (all in one piece; thank god), she is expecting to get her son back but Joe has decided to bring a motion to modify parenting time stating that his son has been voluntarily integrated into his household over the past year and it is in the childs best interests to stay with him. He is asking to now be the parent with the majority of the parenting time (residential parent).
Normally speaking, if Sally had voluntarily given all parenting time of her three year old son to her ex-husband Joe for one year, he would have a right under CRS 14-10-129 to ask for a modification of parenting time. However, under a recently legislated statute; CRS 14.10-131.3 Sally now has special protection as a military reservist.
CRS 14.10-131.3 Protection for Military Reserve Parents went into effect on August 5th, 2008. Here is the relevant information:
1. You must be a member of the Military Reserves (not the regular military)
2. An agreement to temporary modification of parenting time while deployed does NOT constitute consent to integration of the child into the household of the other parent for purposes of a motion to modify primary residential parent or decision making.
3. Even if there is an interim court order for modification of parenting time during the reservist's absence, that order will be automatically vacated and the original parenting plan put back in place upon the reservists return.
4. This statute doe not prevent orders for modification based on reasons other than deployment.
So, in Sally's case. The Court would reference CRS 14.10-131.3 and deny the motion to modify parenting time because it was soley based on Sally's deployment to Afghanistan. Now that she is back, the original parenting plan goes back into effect.
