19 Aug If you are in the military, the SCRA is your friend.
If you are in the military, the SCRA is your friend: it can prevent a judge from issuing court orders that could affect your relationship with your children. If you are the non-military spouse, you may feel upset by the delays, because the law gives servicemembers extra time to respond to legal proceedings and allows them to request hearings be postponed until the servicemember can be there. The entire divorce case may be delayed, causing it to take a lot longer to get to the final judgment. That said, there are often issues related to children that need to be resolved quickly so that the children have some stability and predictability. For example, if a servicemember successfully requests an SCRA delay, the court can still make a temporary custody order. This avoids making the civilian parent and child wait for resolution of their post-separation living situation, and also prevents service members from abusing the SCRA just to prevent the civilian parent from exercising parental rights. For example, one military parent left her child, who was under a joint custody order, with her new spouse instead of her ex-husband, who had parenting rights. The court would not allow her to use the SCRA to prevent a change of custody and instead awarded the father primary custody.