SCRA Relief and Custody


#1

My ex has been deployed many times anywhere from 3 months-12 months with only 1-3 months in between being in NC for visitation. We had a court date set for custody in September. Recently he told me his tour is being extended another month or two so he would have to ask for another extension or new court date. He has been extending or asking for a stay for a year. My ex and I have been in court for custody since last June. He does not help me out with our child and he is always traveling due to work but he refuses to allow me to move back to my hometown even though he is only in North Carolina around 1-3 months out of the year and his family has no involvement with our child. He claims it is because of one visitation issue last summer and he believes I interfered with his visitation once. The judge heard his contempt motion against me and ordered me to allow more parenting time. The extra parenting time has not happened because of my ex’s frequent work travel.That was last year. Since then he has only practiced 2 visitations before leaving again but I have emailed him pictures, let him know how she is doing and he calls her a least once a week. Now we must go back to court because I would like to move closer to my family to get help with our young child. His family lives outside the state as well.

How many times can he request SCRA? Can the judge set a limit on the number of extensions for SRCA on one case? Can his attorney represent him without him being present? His attorney know about his case as he has represented him the whole time. His attorney has communication with him through email and skype. Will he be granted a SCRA stay automatically? Can I object to the stay and ask the judge to hear the case in September since it has occurred numerous times? The court dates are so far out we may not get another chance to be in front of the judge until next year at which time he may deploy again.

Given that he can not be active in either of his kids lives, will the judge allow me to move if I propose to pay half or all travel expenses and come up with a flexible schedule for his visitation?

There was a medical report done by a doctor I see at the VA hospital stating that it is recommended that I live closer to family to relieve some of the stress and to have a active support system. Will the judge consider this more than the contempt motion from a year ago?


#2

I do not know what you mean by SCRA. I can tell you generally though that an attorney can appear on behalf of their client only in limited situations (like calendar call, or a motion to continue). I can never predict what a judge will do in any one case, so I don’t know if you will be allowed to move. The judge can consider your Dr’.s report, but it will only be one factor amount many to determine what the best interest of the children are.


#3

Servicemembers Civil Relief Act while deployed.