Does the Servicemembers Civil Relief Act Apply to Tennessee Custody Cases?

Military divorce? A Shelby County, Tennessee child custody attorney understands that this type of case can be much more complicated to work through when it comes to child custody. This is why it’s often very helpful to seek legal counsel.

Military members may wonder if the Servicemembers Civil Relief Act (SCRA) applies to child custody cases. This is an act that delays certain judicial proceedings when the service member is in active service, such as when deployed overseas. This can be done in the following ways: 

• Stay of Proceedings;
• Stay of Execution; and
• Default Judgment.

However, not all courts apply these protections to child custody cases. Because of this, a new act called the Deployed Parents Custody and Visitation Act was approved by the Uniform Law Commission, which strives to create standardized laws that states may adopt.

The new act, approved in July, would set a standard that states may adopt regarding deployment and custody rights for deployed military parents, as well as visitation rights pertaining to service members who are deployed.

Meanwhile, there continue to be struggles in learning how to deal with the custody issues facing military service members. This might be all the more reason to hire an attorney who has handled these types of cases and is familiar with the applicable laws.

To learn more, see our series of pages on military divorces starting with Military Divorce Laws in Tennessee.

Seeking Help from a Shelby County Child Custody Attorney

Contact an attorney at the Miles Mason Family Law Group, PLC to learn about your rights. Our law firm serves residents in Memphis, Collierville, Germantown, and areas in Eastern Arkansas and West Tennessee.

To help prepare, download our free eBook, Your First Steps:  7 Steps Planning Your Tennessee Divorce. Call us today at 1-901-683-1850.