Domestic Violence Within Military Families Probable Says Study

Recent Study Reveals That Combat Assignments Increase the Probability of Domestic Violence and Child Abuse By Military Members

domestic violence militaryA recent study published by The Review of Economics and Statistics concludes that combat assignments increase the probability of intimate partner domestic violence and child abuse by active-duty military members.  Resul Cesur of the University of Connecticut Finance Department and Joseph J. Sabia of San Diego State University Department of Economics, claim to have produced the first study to consider the effect of war service on domestic violence.  While they admit that several studies exist which explore the effect of war and Post-Traumatic Stress Disorder on violent crime in general, they assert that none exist which focus specifically domestic violence. To access the complete study click here.

In their research, the authors looked at the effect of assigning servicemen of identical rank and occupation to combat deployments vs. non-combat deployments. The results indicated that active-duty members who served in combat zones had an increased probability of subsequent domestic violence, as compared to those who were assigned to non-combat areas.  In addition, those who served in combat zones also showed a decrease in trust of their partner at home and … Read More... “Domestic Violence Within Military Families Probable Says Study”

Military Custody Law Update For Deployed Members

Congress Passes Law Affording Military Custody Protection to Our Deployed Servicemembers

Deployment Can No Longer Be Held Against Military Parent In Child Custody Disputes

military custody law
Left to Right: Lt. Eva Slusher, her daughter Sara Slusher and Mike Turner

For 8 years, Michael R. Turner, R.-Ohio, has been calling for Congress to afford its military members child custody protection while deployed; it appears they finally listened.

In February 2010 and February 2011, Anne Shale posted articles entitled, “They Fight for America and Upon Return Must Fight for Their Children” and “BREAKING NEWS: Secretary of Defense Gates Changes Position to Protect Custodial Parents Deployed Overseas!” articles addressed Turner’s arduous fight to persuade lawmakers to amend the National Defense Authorization Act (“NDAA”) to provide military members child custody protections while deployed overseas.  Tuner was inspired in 2007 when he met Lt. Eva Slusher, a member of the Kentucky National Guard, who lost custody of her daughter after returning home from a deployment in 2004 because according to the judge, “the military lifestyle is not stable and is not conducive to raising children.”  While Slusher did eventually regain custody of her daughter, it took approximately $25,000 in court costs and 2 years…precious time that she … Read More... “Military Custody Law Update For Deployed Members”

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 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”

Think Before You FACEBOOK…Especially if You’re in a Divorce!

facebook_div.jpgBy now, I’m sure that most of you have read how Facebook, and every similar social networking site, makes posting “too much information” on the internet just too easy.  Do a quick Google search for “Facebook and Divorce” and you’ll find links to many articles discussing the correlation of postings on internet social networks to an increase in divorce.  The American Academy of Matrimonial Lawyers says that 81 percent of its members have used or gone up against evidence in court plucked from Facebook, MySpace, Twitter, YouTube and LinkedIn over the last five years.

Consider the following situations:

  • Mom denies in court that she smokes marijuana but posts pot-smoking photos of herself on Facebook;
  • Dad claims minimal income from his small business and various “cash only” side jobs he performs but places posts and photos on Facebook of himself on fishing trips, gambling at the riverboat, and with new vehicles, including a Harley Davidson motorcycle; his new girlfriend also posts pictures of some of the gifts she has received from Dad;
  • During a custody dispute where Dad is alleging that child’s grades are falling, child is not receiving proper medical treatment, that Mom is allowing numerous men to have access
Read More... “Think Before You FACEBOOK…Especially if You’re in a Divorce!”
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