Rep. Frank McDaniel, D-Albertville, has
introduced a bill in the Legislature that would provide
protection and peace of mind to some parents who are
called to military active duty.
Existing law
requires that custody be ordered according to the best
interest of the child. However, existing law makes no
provision for maintaining custody when a parent is
called to active duty in the military, McDaniel said.
“Parents who serve our country have to make many
sacrifices,” McDaniel said. “But they should not be
faced with sacrificing their custody rights with their
children. Except for extenuating circumstances, they
should have the same custody when they come home as they
had before leaving.”
According to McDaniel, House
Bill 332 would prohibit a court from modifying a custody
order for a child if the party who has full or joint
custody is a member of the Alabama National Guard or any
branch of the armed services and he or she has been
called to active duty.
The court would be barred
from basing a determination of the best interest of the
child based on a parent’s separation from his or her
child due to active military duty and would also
prohibit courts from making a final determination as to
custody in the absence of a parent who is away on active
military.
McDaniel said that fellow House
members have shown support for the bill, which has been
assigned to the Judiciary Committee.
