Military: Immigration Citizenship Laws for Family Members

Obama Policy Memo Outlines How Illegal Immigrants Can Obtain ‘legal status’ If They Are Family Members Of A U.S. Military Service Member.

Memo Could Affect 65,000 Military Immigrants

militaryA memo released by the Obama administration outlines how and when the administration can legally permit relatives of U.S. service military members who are here illegally to stay in the country on a “parole in place” status.  This will essentially give illegal immigrants “legal status” as long as they don’t have a criminal record and are family members of a U.S. military service member.  This applies to both current and former U.S. military service member family members.

Before Policy Memorandum PM-602-0091, issued on November 15, 2013, relatives here illegally were still able to remain in the country but were required to apply for “parole in place”.  This was often very confusing and convoluted to military service member family members. Additionally, it was not taken advantage of due to the uncertainty and lack of awareness surrounding the matter.  It is currently estimated that nearly 5% of our active duty military members are currently immigrants meaning this law will affect a significant amount of individuals as there are around 65,000 military immigrants who currently … Read More... “Military: Immigration Citizenship Laws for Family Members”

Military Members Must Take Actions Prior to Deployment to Protect Their Rights with Their Children

Important Steps To Be Considered For Active Duty Military Parents Facing Custody Issues

This is the second of a two-part article. Click here to read the first part discussing other important steps to be considered by military members before deployment.

militaryMilitary service in itself creates the need for maintaining a status quo in regards to jurisdiction.  The words “Home of Record” should be the key starting point in any custody order involving military families.  During the course of a military career there will be many “current”, or temporary, addresses due to changes in assignment.  It is therefore important that an initial custody order specifies that the jurisdiction will be permanently retained in the “Home of Record” where the action was first heard, unless both parties consent to a different venue.

While as a general rule, the UCCJEA provides that jurisdiction “follow the child” under the “Convenient Forum” section, military duty should be considered an exception, especially when the transience of the residential parent is in direct violation of the custody order.   Too often the residential parent simply moves the child to a new jurisdiction without required notice to the court or without a motion to modify being filed.  It is … Read More... “Military Members Must Take Actions Prior to Deployment to Protect Their Rights with Their Children”

Military Parents Face Unique Homecoming Battles

Upon Return, Military Parent Finds An Empty House and Their Child Abducted. What Happened To The Happy Reunion?

militaryIn the last few years we have all watched the televised homecomings of military personnel returning from tours of duty to see their loved ones, more often than not children overjoyed to be in the arms of fathers and mothers once again.  But what do we see of the not-too-happy homecomings where the returning parent’s outstretched arms are left empty and cold?  This is the picture which should be burned into our minds each time we see a happy reunion.  For each of those joyous televised feel-good sound bites there is a parent who will step into a battle more heartbreaking than the battlefield they have just left, more grievous than any physical injury they may have sustained along the way.

That battle will take place in a family courtroom somewhere “back home”, hopefully in their HOR, Home of Record as recorded in the military file, but increasingly in jurisdictions where the returning soldier or sailor has never been.  Why?  Because the parent remaining at home with the children decides to move away, to cut the children off from any viable contact … Read More... “Military Parents Face Unique Homecoming Battles”

Military: What Does “Residency” Really Mean for Those Who Serve?

Military Members Must Meet The Residency Requirement To File For Divorce In Ohio

militaryThe Ohio Revised Code §3105.03 states that “[t]he plaintiff in actions for divorce and annulment shall have been a resident of the state at least six months immediately before filing the complaint.” That being said, many people are often confused as to what is meant by the term “resident.” When it comes to divorce, Ohio defines being a “resident” as being domiciled in Ohio. For one to be domiciled in a state, the person must have a home in the state, and he must have the intent on making Ohio his permanent home. He must have the intention of living and staying in the state of Ohio. When a person enters the military and is enlisted to service, his domicile remains where it was before his Military service unless he chooses to move to a new domicile where he intends to remain. Therefore, the real focus is a person’s intent to remain in a state.

The court has stated that “Every person must have a domicile somewhere, and that domicile is not lost until a new one is acquired. A person abandons his old domicile and acquires … Read More... “Military: What Does “Residency” Really Mean for Those Who Serve?”

Child Custody Dispute to be Decided By the U.S. Supreme Court

Active Military Members Fight For International Child Custody In The United States Courts

child custodyJeffrey Lee Chafin v. Lynne Hales Chafin

Docket 11-1347

Facts of the Case:

  1. Jeffrey Lee Chafin, a citizen of the United States and an active duty member of the United States Army, is the biological Father of Eris Chafin, now five (5) years of age.
  2. Lynne Hales Chafin is a citizen of Scotland and the biological Mother of Eris Chafin.
  3. The parties met in 2005 while Father was stationed in Germany and married in March 2006 in the country of Scotland.  Eris Chafin was born in 2007 while Father was still stationed in Germany.  Eris is considered to have dual citizenship as a citizen of the United States and as a citizen of Scotland.
  4. Sgt. Chafin was deployed to Afghanistan for fifteen (15) months in 2007 and 2008.  During that period of time, Mother and the minor child lived in her native country, Scotland.  When Sgt. Chafin returned to Germany from Afghanistan in 2008, the parties decided to remain separated from one another.
  5. When Sgt. Chafin was transferred to Redstone Arsenal in Huntsville, Alabama, in early 2009, Wife/Mother and Eris joined Father and moved to Alabama
Read More... “Child Custody Dispute to be Decided By the U.S. Supreme Court”

BREAKING NEWS: Secretary of Defense Gates Changes Position to Protect Custodial Parents Deployed Overseas!

gates_turn.jpgOn February 6, 2010, I posted an article entitled, “They Fight for America and Upon Return Must Fight for Their Children”. The article addressed the issue of active duty servicemen and servicewomen returning from overseas assignments, often in the Middle East, to find that their former spouses were using the overseas military assignment as a “substantial change in circumstances” to obtain a change in custody of their minor children.  At the time of that posting, Michael R. Turner, R-Ohio, was trying to persuade Secretary of Defense, Robert M. Gates, to agree that active duty military parents should receive child custody protection while they were deployed out of the country.  The Department of the Defense had opposed this protection and Turner’s proposed legislation.

On February 11, 2011, Secretary of Defense Gates responded to Representative Michael Turner in a brief letter which said that his Department “was/are willing to consider whether appropriate legislation can be crafted that provides Service members with a federal uniform standard of protection in cases where it is established that military service is the sole factor involved in a child custody decision involving a Service member.”  Click here to read his letter.

On February 16, 2011, Congressman … Read More... “BREAKING NEWS: Secretary of Defense Gates Changes Position to Protect Custodial Parents Deployed Overseas!”

The FBI has Registered the Local Children Abducted to Japan as “Missing Children”

swaim2.jpgHere is an update about our client, Kent Swaim, whose two sons were abducted to Japan by their mother, published in the DDN on September 8, 2010.

Abducted Clayton boys registered on national criminal justice list

Authorities can use designation to urge Japanese to send sons back to father.

By Mary McCarty, Staff Writer Updated 1:27 AM Wednesday, September 8, 2010

Clayton father Kent Swaim has won an important victory in his quest to be reunited with the two young sons he hasn’t seen since his former wife fled with them to her native Japan two years ago.

The boys finally have been registered with The FBI’s National Crime Information Center (NCIC), a computerized index of criminal justice information, including missing children.

Swaim’s plight was featured in an Aug. 15 Dayton Daily News story. The Wright-Patterson Air Force Base master sergeant had long been frustrated by his inability to convince authorities to enter the children in the database.

“This gives the U.S. State Department and the National Center for Missing and Exploited Children the tools they need to help me and take this next step,” Swaim said. “It gives them the authority to plead with the Japanese authorities to Read More... “The FBI has Registered the Local Children Abducted to Japan as “Missing Children””

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