Re: [IndianaCRC] Service Man Protection Act
Posted by: "Robert Gipson" email@example.com
Sat Dec 15, 2007 6:44 pm (PST)
Pass this on.
I was deployed in Iraq. There is a law that allows a Stay of Proceedings until the service member returns from the war zone, (Theater). Also
when the service member does return, if he or she is in a medical hold Battalion for injuries occurred in war and is unable to be present for court hearings the Stay of Proceedings should remain.
A JAG lawyer will prepare such motion and present it to the Family Court where the case was first filed. If the soldier is not on Active duty then I do not thnk JAG will help. However, any lawyer who knows that their client has issues that prevent them from being present for court hearings, should know to motion for a Stay of Proceedings.
There are many legal issues that a service member will come up against. From DNA testing to being forced to pay child support. The commander of any soldier must counsel the soldier on any actions where a male is alleged to be the father of a child born or not born into this world. Also female soldiers are to be counseled on issues that may be brought up about children and family isues.
There are many retired JAG lawyers that work in the civilian sector. You can GOOGLE, Retired JAG lawyers and may See a few there.
----- Original Message ----
From: MADP_ALFRA-HSV <MADP_ALFRA-HSV@comcast.net
Sent: Saturday, December 15, 2007 3:08:00 PM
Subject: [IndianaCRC] Service Man Protection Act
Does anyone have copies of the issues raised last year with The Serviceman Protection Act.
Alabama Senator Session still believes it works. The discussions revolved around the issue that you had to be back in the US to fight.
Usually this is to late and all the issue of bonding and established relationship bull by the judges make it worse.
If we can put together something for Senator Session, he is willing to discuss closing this loophole.
My goal is to stop all divorce actions until the soldier returns. The issue of DV is moot because he/she is not there.
Michael A. Polemeni
PO BOX 13149
Huntsville, AL 35802
Alabama State President 2007
Alabama Family Rights Association (ALFRA)