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Debate is renewed over child custody rights

A Kentucky Army National Guard officer who fought for custody of her daughter after a judge ruled her 2004 deployment made her an unfit parent had a face-to-face meeting Wednesday with one of the key opponents of enacting a federal law that would bar military service as a sole reason to revoke child custody.

Sen. John McCain, R-Ariz., made no promises to change his mind in a meeting with Lt. Eva Slusher, who spent $25,000 in a two-year court battle to regain custody of her daughter. But McCain promised Slusher and Rep. Michael Turner, R-Ohio, the lawmaker fighting to pass a federal law on custodial rights for service members, that he would take another look at Slusher’s case and others like it.

Military custodial rights will be one of several issues on the table as negotiators work out differences between the House and Senate versions of the 2010 defense authorization bill.

For the fourth consecutive year, the House version of the bill includes a Turner-sponsored provision prohibiting state courts from changing permanent child custody arrangements while a service member is deployed, and also prohibiting military service from being the sole reason for denying or repealing child custody for an active or reserve member.

Turner said he has heard two basic arguments against passing a federal law on child custody for service members. One comes from people who don’t want the federal government interfering with issues traditionally left to states, something Turner said he has addressed by including language making clear that child custody issues are handled by state courts even if there is a federal law spelling out rights.

The second argument — used by the Defense Department, the National Military Family Association and by McCain in a July 28 letter in which he told Tuner he does not support the change — is that the number of cases is so small that it doesn’t warrant such a change.

Turner and Slusher said McCain’s willingness to look at other cases could weaken that argument.

Slusher said that after she went public with complaints about her temporary loss of custody of her daughter, she heard from many other service members facing similar problems.

“I am sure it happened before my case, too,” she said. “I just have a big mouth.”

Turner used a different phrase, calling her “a strong advocate.”

The Defense Department and NMFA have pushed for a study of child custody cases to see if military members are being disadvantaged before changing the law.

But Turner said he doesn’t think a study is needed or useful. He is unaware of any legal databases that will provide a complete list of child custody cases in which a person’s military service was a factor, and believes a change in law is needed if there is even a single case.

“No parent courageous and honorable enough to volunteer to serve in the U.S. military should have their time spent overseas in defense of our nation used against them in child custody disputes,” he said.

Turner said he has the full House Armed Services Committee on his side. A letter signed by entire committee was sent in June to Defense Secretary Robert Gates asking for the Defense Department to change its mind to support the child custody provision of the bill. So far, the Defense Department has not provided Congress with a detailed list of objections to pending legislation, so it is not clear if the letter has resulted in any change of views.