State deals with military service separation

I would like to take a moment and tell you about S.155, the Military Parent Equal Protection Act.

This legislation deals with military parents who share custody of a child with another parent and is required to be separated from a child due to military service.

A court cannot enter a final order modifying the terms establishing custody or visitation contained in an existing order until 90 days after the military parent is released from military service. In order to make reasonable accommodation for the parties because of the military parent’s service, the court can temporarily modify the terms establishing custody or visitation contained in an existing order.

A temporary modification automatically terminates when the military parent is released from service. Upon release, the original terms of the custody or visitation order in place at the time the military parent was called to military service are automatically reinstated.

A temporary modification order issued pursuant to this section must provide that the military parent has custody of the child or reasonable visitation with the child during a period of leave granted to the military parent during their military service. If a temporary modification order is not issued pursuant to this section, the non-military custodial parent must make the child or children reasonably available to the military parent when the military parent has leave to ensure that the military parent has reasonable visitation and is able to visit the child or children.

If there is no existing order establishing the terms of custody or visitation and it appears that military service is imminent, upon motion by either parent can petition the court for an expedited hearing to establish temporary custody or visitation to ensure the military parent has access to the child, to establish support, and provide other appropriate relief.

The legislation also provides that if a military parent, who shares custody of a child with another parent, is called to military service, either parent may file a notice of activation of military service and petition to temporarily modify a support order for the duration of the military parent’s military service based on changes in income and earning capacity of the military parent during military service.

Upon return from military service, the military parent’s child support obligation prior to a temporary modification is automatically reinstated, effective on the date the military parent is released from service.

The Military Parent Equal Protection Act was signed by Gov. Sanford on June 2.

If you have any questions about this Act, please do not hesitate to contact me at (803) 212-6008 or by fax at (803) 212-6011; at 137 Airport Road, Suite J, Mullins, 29574; (843) 423-8237; by e-mail at WILLIAMSK@scsenate.org ; or at (843) 423-3904.