Madam Speaker, I would like to thank House leadership, the House Armed Services Committee chairman, Chairman Skelton, Ranking Member Hunter, as well as the leaders from House Judiciary, Chairman John Conyers, and the Veterans Affairs…
Madam Speaker, I would like to thank House leadership, the House Armed Services Committee chairman, Chairman Skelton, Ranking Member Hunter, as well as the leaders from House Judiciary, Chairman John Conyers, and the Veterans Affairs Committee Chair and ranking member for their assistance in bringing H.R. 6048 to the floor today. I would like to thank our presiding Chair, Ellen Tauscher, also for her support of this bipartisan bill.
This bill was originally included as an amendment to the House version of last year's National Defense Authorization Act when it passed the House by voice vote. The purpose of this bill is straightforward. It provides certainty to servicemembers deployed in a contingency operation that their child custody arrangements will be protected.
Imagine the stress and conflict in serving your country and fearing that a court will take your children away because of your service. In some cases, courts have overturned established custody arrangements because a custodial parent has served our country in a contingency operation such as Iraq or Afghanistan.
Recently, many cases have come to light where servicemembers who have been deployed have had their military service used against them in custody hearings. One such case was that of Eva Slusher. Eva spent nearly $25,000 and years trying to regain custody of her daughter after fighting courts that used her deployment as a factor against her.
We have heard from other servicemembers who have had similar court battles. In fact, recently my office learned about a servicemember who during her custody proceedings was told by a judge that the mere possibility of her deployment weighed against the best interests of the child in denying her custody.
Madam Speaker, I would like to submit for the Record two letters that were written to my office by servicemembers detailing their stories of how this legislation could have helped.
One of those letters is from Heather Watkins, and I want to read some excerpts from that letter. She writes:
At the time of the final custody hearing for my children, the court stated that even though he believed I was a good parent, my being stationed on the USS Dwight D. Eisenhower prevented me from being able to care for my children. Shared custody was granted.
In a subsequent court proceeding, the court again stated that he believed I was a good parent and stated that, with the way of the world today, I cannot be sure that you will not be called off of shore duty and deployed back to sea.
In June 2005, I was honorably discharged. It was implied to me by the court that once I was out of the Navy, I would be able to obtain custody of my children. This has not proven to be true. I was proud to serve my country in the Armed Forces for 13 years, but at this time I believe my children were the price I paid for the privilege of protecting the United States of America.
Dear Sir and Madam, I urge you to support the Bill for
amendment of the Service Members Civil Relief Act to provide
for the protection of child custody for parents who are
members of the Armed Forces deployed in the support of a
contingency operation as presented by Congressman Mike
Turner.
I have been separated/divorced from my ex-husband since
1998. At the time of my divorce I did not dream that my being
a Proud Active member of the United States Armed Services
could or would be utilized as a tool to separate me from my
children.
At the time of the final custody hearing for my children
the court stated that even though he believed that I was a
good parent, my being stationed on the USS Dwight D.
Eisenhower prevented me from being able to care for my
children. Shared custody was granted.
I re-enlisted in 2001 on the advice of my lawyer to
maintain work and income stability. My ship was in dry dock
for many months of scheduled maintenance and I was on the
shore duty portion of my enlistment contract. My next court
date was in October 2001. At the time of my court date, the
terrorist attack of September 11 against the United Stated of
America was very fresh in the minds of the U.S. citizens and
the court. He again stated that he believed that I was a good
parent and stated that, with the way of the world today, I
cannot be sure that you will not be called off of shore duty
and deployed back to sea. The court also voiced concerns that
I would join the reserves and not be available to my
children. The custody arrangement for my children was left
unchanged.
In June 2005, I was Honorably Discharged. It was implied to
me by the court that once I was out of the Navy, I would be
able to obtain custody of my children. This has not proven to
be true. As of today, I do not have custody of my children.
The court does not wish to hear this case again. I have
permission to change venue but am unable to find a Judge or
court that will hear my case.
I have not spoken to or had other contact with my children
since 12-26-2007. My calls to them have been unanswered and
unreturned. I have been unable to get any assistance on local
or state levels.
I was proud to serve my country in the Armed Forces for 13
years but at this time I believe my children were the price I
paid for the privilege of protecting the United States of
America. Again, I urge you to support this Bill as presented
by Congressman Mike Turner and prevent any other children
being separated from loving parents by virtue of their
serving their country.
Respectfully,
Heather A. Watkins.
Another letter I have is from Eva Slusher, and she writes that she was a full-time member of the Kentucky
Army National Guard, proudly serving her country for nearly 19 years. In February of 2003, she was called to Active Duty to support the war on terror. She writes:
Initially, it was believed that I was going to Iraq, but once we arrived at Fort Knox, it was decided that our Personnel Services Detachment would be better used at Fort Knox to assist with the large number of troops mobilizing and that they were not equipped to facilitate. When I was alerted, I had three days to report. As a single parent, I made arrangements for my child, packed her up and moved her, and wrapped up all my affairs, financial and otherwise, in those three days. My ex-husband and I decided that Sara should stay with him while I was gone, but that it would only be temporary and that she would come back home when our tour was over.
After her tour was over, custody to her was refused.
In August 2004, we went to court. I was under the impression that we were there to have my rights as the custodial parent enforced as no one had filed a motion to change custody. However, the next week I received the ruling that Sara was to stay with her father as she was settled in and that was in her best interest. I was penalized for the time spent away from her in service of my country.
She ends with: Everyone wants to talk about supporting our troops. I beg you to support this legislation in order to support our troops.
May 19, 2008.
Members of Congress,
Washington, DC.
Dear Members of Congress:
I am writing this letter in reference to Congressman
Turner's Bill, HR 6048. I, personally, experienced the
injustice of losing custody of my child, for no other reason
than service to my country. It cost me 2 years of anguish and
nearly $25,000 to get my daughter back. This proposed
legislation is necessary to prevent this discrimination
against our servicemembers.
I am LT Eva Slusher (formerly Crouch). I am a full time
member of the Kentucky Army National Guard, proudly serving
my country and State for nearly 19 years. I joined the
military when I was 17 years old and a senior in high school.
The military has paid for my college education and provided
me with reliable, steady employment all of these years.
I am also a mother. My daughter, Sara, was born in 1994.
Her father and I were divorced in 1996. When we divorced, I
was award primary physical custody of my daughter, and her
father had visitation. My military service was not
questioned. This arrangement went unchallenged, even when I
moved over 150 miles away from my ex-husband. I raised that
child by myself, without any help from him while I worked
full time and put myself through college. Sara was my life.
Every day revolved around her. I volunteered at her school
every other Monday (my day off); she played softball, soccer
and cheered. I was an assistant coach of her soccer and
cheerleading. I cooked dinner, helped with homework, bathed
her and read her bedtime stories every night. I was an
exceptional, loving and attentive mother.
In February 2003, I was called to active duty to support
the War on Terror. Initially, it was believed that I was
going to Iraq, but once we arrived at Ft. Knox, it was
decided that our Personnel Services Detachment would be of
better use at Ft. Knox to assist with the large number of
troops mobilizing that they were not equipped to facilitate.
When I was alerted, I had 3 days to report. As a single
parent, I had to make arrangements for my child, pack her up
and move her and wrap up all of my affairs (financial and
otherwise) in those 3 days. My ex-husband and I decided that
Sara should stay with him while I was gone, but that it would
only be temporary and that she would come back home when my
tour was over.
I was very fortunate to have stayed in country and close
enough that I could visit with Sara on the weekends. Nearly
every weekend, I drove the 4\1/2\ hours from Ft. Knox to
Ashland, KY to see her. I would pick her up and we'd stay in
a hotel, and go to movies, dinner, shopping, etc. Many
weekends, I would stop by Frankfort on my way and pick up one
of her friends, so she could stay in touch with them. I spent
about $300 per trip on gas money, hotels, food and
entertainment, but it was all worth it to be with my
daughter.
On July 20, 2004, as I pulled into my driveway, I called my
ex-husband on the cell phone and told him I was home and that
I would be picking Sara up the next day, and to please have
her things packed. His response was ``Not without a court
order''. Until that moment, no one made any indication to me
that Sara would not be coming home as planned. I immediately
hired an attorney to file a motion to have my daughter
returned to me. In August 2004, we went to court. I was under
the impression that we were there to have my rights as the
custodial parent enforced, as no one filed a motion for
change of custody. However, the next week I received the
ruling that Sara was to stay with her father, as she was
settled in there and it was in her ``best interest''. I was
penalized for the time spent away from her in service to my
country. When I got divorced the courts deemed me a fit
parent, but now, suddenly, because I served my country, I
should not be allowed to raise my child anymore? I was
completely appalled! It never occurred to me that this
could happen. Soldiers are protected under the
Servicemember's Civil Relief Act, or so I thought; an
employer has to give me my job back after I return from a
deployment, but they don't have to give me my child back?
That is insane!
I was devastated. After having a life that was so full of
her, I now came home to an empty house every day! I didn't
know what to do with myself! Sara was terribly distraught
over the whole situation, to the point that we had to take
her to Cincinnati Children's Hospital for stomach problems,
all stress related. I only got to see her every other
weekend, and she would cry and beg me not to make her go
back. It ripped my heart out! Why would a parent put his
child through all of this? The real question is: How could
our justice system allow this to happen? I still don't have
an answer for that.
After the Court ruling, I hired a new lawyer and we
appealed the ruling. In September 2005, they ruled in my
favor and my ex-husband appealed to the Kentucky Supreme
Court. In September 2006, they also ruled in my favor and my
daughter came home on October 15, 2006. I spent more than 2
years and between $20,000 and $25,000 in legal fees. Sara is
now a happy, healthy, well adjusted child, but I lost so much
time with her, and she is not the child I set out to raise.
Our lives were turned upside down and the results are
everlasting. All of this because I was deployed . . .
It is a disgraceful injustice to punish a Soldier for their
service. The military has done so much for me: a college
education, a way to pay my bills and feed my family, a sense
of honor and pride . . . When they called on me to do my
part, what should I have done? Said ``No thanks, I need to
stay home . . .'' Even if that were an option, which it is
not, I could not do that. It is not the right thing to do.
Loyalty, Duty, Respect, Selfless Service, Honor, Integrity,
and Personal Courage: these are the things I stand for,
should I lose my child for that? What kind of message is that
sending? How is the United States Military supposed to
recruit when you send a message like that? Don't we, as
Soldiers, already sacrifice enough? How is a Soldier to
concentrate on his/her mission while worrying about what will
happen to their children? No Soldier should have to incur the
emotional and financial cost that I have, only because they
serve their country.
I have my daughter back home with me, but I cannot sit back
and allow this to happen to others if I can do anything about
it. Since my story was publicized, I have learned that many
other Soldiers have also had to deal with similar situations.
Not to mention that every unmarried parent in the military,
and every parent that has children from previous
relationships and any parent that may be divorced in the
future has to be concerned with whether or not they may be
penalized for their service. This is not the way to treat our
military service members.
Due to the nature of military service, there really needs
to be guidance at the federal level. This issue needs to be
spelled out as it is in Congressman Turner's Bill: (1) No
court may permanently alter an existing custody agreement
while a military parent is deployed; (2) Upon the return of
the service member from deployment, any temporary change in
custody shall be immediately reversed; and (3) No court may
consider a military parents' deployment in determining the
best interest of the child. Had this been the law in 2004, my
daughter and I would not have had to deal with the
separation, stress, expense and lifelong effects of a
prolonged custody battle.
Everyone wants to talk about supporting our troops, I beg
you to support this legislation in order to support troops.
We are not asking for any special consideration, only that
our military service not be used against us.
Very Respectfully,
V. Eva Slusher,
Frankfort, KY.
She has since regained custody of her daughter.
This bill prevents judges from changing the custody arrangements of servicemembers and their children during a servicemember's deployment unless clear and convincing evidence says a change would be in the best interest of the child. The purpose of this provision is to ensure that while one parent is deployed, another party cannot permanently change custody arrangements. Temporary orders may be enacted and entered until the serving parent returns.
Additionally, the bill requires a return to the original predeployment custody arrangement after the servicemember returns from the contingency operation. And, finally, the bill prohibits the use of a servicemember's absence because of their deployment, or the possibility of deployment, against that servicemember when ascertaining the best interest of the child. Their service cannot be used against them.
Much is asked of our servicemembers, and mobilization can disrupt and strain relationships at home. This additional protection is needed to provide them peace of mind that the courts will not take away their children because they answered the country's call to serve or have the possibility of being called to serve. This bill protects them and it protects their children.
Again, I thank the House leadership for their support of this bill, and I urge my colleagues to vote for it.