By Nancy Shannon

Attorney, Cordell & Cordell P.C., Omaha, Neb., office

Note: This is Part 2 of a 2-part series on active military members and common questions about their rights. Click here to read Part 1.

Active members of the United State’s Armed Forces may be able to seek protection from civil actions under the Servicemembers Civil Relief Act of 2003 (SCRA). Tracing its origins back to the Civil War when a freeze was placed on all civil actions against federal soldiers, the SCRA provides expanded protection over it’s predecessor, the Solders’ and Sailors’ Civil Relief Act of 1940.

Servicemembers are at a disadvantage when faced with defending a civil lawsuit or fulfilling financial obligations while also serving their country. The SCRA provides protection to active members of the armed forces, in addition to reservists and members of the National Guard, in some circumstances. There are several different types of protections, ranging from lowered interests rates to eviction restrictions.

For any parent (or alleged parent) in the military, the SCRA provides a valuable benefit when faced with child custody and support issues.  It’s possible for parents in the military to stay, or suspend, civil actions brought against them during their service, and for a brief time after, in some situations.

Read on for common questions about SCRA.

By Nancy Shannon

Attorney, Cordell & Cordell P.C., Omaha, Neb., office

Note: This is Part 1 of a 2-part series on active military members and common questions about their rights. Click here to read Part 2.

Active members of the United State’s Armed Forces may be able to seek protection from civil actions under the Servicemembers Civil Relief Act of 2003 (SCRA). Tracing its origins back to the Civil War when a freeze was placed on all civil actions against federal soldiers, the SCRA provides expanded protection over it’s predecessor, the Solders’ and Sailors’ Civil Relief Act of 1940.

Servicemembers are at a disadvantage when faced with defending a civil lawsuit or fulfilling financial obligations while also serving their country. The SCRA provides protection to active members of the armed forces, in addition to reservists and members of the National Guard, in some circumstances. There are several different types of protections, ranging from lowered interests rates to eviction restrictions.

For any parent (or alleged parent) in the military, the SCRA provides a valuable benefit when faced with child custody and support issues.  It’s possible for parents in the military to stay, or suspend, civil actions brought against them during their service, and for a brief time after, in some situations.

Read on for common questions about SCRA.

Question: I have one child; he is 5 years old. I have raised him together with his mother since birth. We were engaged but have not married. She announced she is breaking it off and moving to another county and taking the child. What are my rights in Kansas and more importantly, what can I do to prevent him from leaving the current county and school district?

 Question:

My wife is leaving our home and taking the kids. She say's she wants a one year separation and mitigation. What rights do I have to keeping the children in our home? And if not court-ordered, do I have implicit rights to visitation if she does leave?