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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
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Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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My ex husband is currently deployed. We have a child together.

Resolved Question:

My ex husband is currently deployed. We have a child together. Our divorce papers say that in order for me to move from the area I am in now, I have to notify him by certified mail and he has 30 days to object. How does this work if he is deployed? Do I have to wait until he gets back?
Submitted: 1 year ago.
Category: Military Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. Although it is possible to send certified mail to APO and FPO addresses, the biggest problem here is that under the SCRA (Servicemembers' Civil Relief Act) your ex husband could go into court when he returned and challenged your moving the child out of the area. In other words, even if he receives your letter, he doesn't have the ability (because of his military commitments) to object, since objecting means going to court. So, under the Act, any action that is taken that would be resolved in court can be set aside unless the servicemember was able and available to challenge it at the time it occurred. So, unless you know that he will not object, you may want to wait, if at all possible, until he returns. If you do not, then he can file a motion with the court to have you held in contempt and an order to return the child to the area. That may not happen, but it could.

If you would like to read more about the SCRA, you can find information at: http://www.military.com/benefits/military-legal-matters/scra/servicemembers-civil-relief-act-overview.html

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 1 year ago.

The move I am considering would not affect our current parenting schedule. Are there other objections my ex could raise that the court would consider? His mother has a POA from him and they have a lawyer taking care of his legal issues with his second ex wife. While deployed, can this lawyer take me to court if my ex decides that he objects to my moving?

Expert:  Marsha411JD replied 1 year ago.

Hello again and thank you for your reply. Well, there could always be objections and I couldn't really foresee them all since I don't know the complete situation, but you are right in thinking that visitation or parenting schedules are usually the biggest issue. But, for example, the ability to attend school or sporting functions, doctor's appointments, and just flexibility of being close in case of an emergency are generally some of the issues. He could,theoretically, ask his attorney to file an injunction once he gets your notice, but his mother could not use a POA to make those decisions. However, the way the SCRA reads is that he doesn't have to have an attorney step in now if he is deployed. He has the right to not have to deal with the issue until he returns from deployment.

Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 17602
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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