California Appeals Court Rules that Deployment Should Not Deprive Father of Custody of Child

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The San Diego divorce lawyers at the Men’s Legal Center have been serving clients who have faced legal issues involving California family law for many years, and their Web site URL can be found at http://www.menslegal.com. The attorneys at the firm have always wanted to make sure that the public is kept abreast of relevant legal developments in the state, which is why the firm is sharing the results of a recent California Appeals Court decision involving a question of child custody for a father who was deployed in Afghanistan that held that the father cannot be deprived of this custody because of his military duties.

San Diego military divorce lawyers

San Diego military divorce lawyers

The San Diego military divorce lawyers at the Men’s Legal Center have represented husbands and fathers with regards to several different legal issues...

The San Diego military divorce lawyers at the Men’s Legal Center have represented husbands and fathers with regards to several different legal issues dealing with California family law for many years, and given the level of military experience held by some members of the firm the attorneys have also spent time representing clients in cases involving military divorces. The firm wants to make sure that certain important legal decisions made by the court are properly publicized, which is why it hereby shares the decision made by a California Appeals Court recently regarding the restoring of custody rights to a father who had been sent on deployment to Afghanistan.

Specifically, the case was entitled, In re Marriage of E.U. and J.E. and it was an appeal of a post-judgment order originally made by the Superior Court of Orange County, California. The matter was assigned a case number of G046687. The full names of the parents involved in the matter were withheld from public record in order to protect their privacy interests.

According to court documents, the case concerned the parents of a child, both of whom were in the military. In 2001, the couple decided to pursue a divorce and the parents were awarded joint custody, although the father was awarded with primary custody per the original decision of the divorce court. However, the father of the child was eventually sent to Afghanistan on deployment, and the mother took primary custody of the child per the original divorce decree.

However, the court documents further describe how when the father returned from deployment and requested to have primary custody restored as was originally set out in the divorce decree, and the mother disagreed. A court-appointed doctor decided that the child would be better suited by finishing the school year with the mother. The Appeals Court decided that the doctor should never have been appointed and that primary custody should revert to the father.

During this entire controversy, a statute was passed by the California legislature that provided for the return of primary custody to parents who are ordered to go on deployment. This statute was not considered by the courts that decided these cases because it was not in effect at the time that the case was ongoing.

About the Men’s Legal Center

The Men’s Legal Center is a law firm comprised of San Diego military divorce lawyers whose Web site URL can be found at http://www.menslegal.com. The attorneys at the firm have represented clients who have served in the military as well as helping fathers and husbands deal with legal issues that include divorce, child custody, child support, child visitation, paternity and other legal matters that relate to California family law.

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Allan Candelore
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