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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19306
Experience:  Lawyer and current JAG officer.
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My client and her husband who is in the military were

Customer Question

My client and her husband who is in the military were recently divorced in Texas. The husband is stationed at Fort Hood Texas. My client and the two children have resided in Minnesota for over two years. The divorce decree did not address the issue of custody/parenting time. My client has brought a Petition for Custody in the State of Minnesota. Does the Soldiers and Sailors Relief Act apply and therefore the military husband can obtain a stay of the proceedings.
Submitted: 2 years ago.
Category: Military Law
Expert:  Allen M., Esq. replied 2 years ago.

Yes, the act does apply and the military member can request that there is a stay. However, there is not a right to the stay. The court simply has to take the member's service into consideration. The court can still take the children's welfare into consideration and, on that basis, push forward with a custody determination.

If the soldier is not deployed and has leave time available to him, the court can refuse to stay the hearings on the basis that his service is not materially effecting his ability to show up. The court can also make a temporary ruling while the case is stayed.

The court can, on it's own motion, stay the case or respond to a stay request from the soldier.