Culture Clips - Sept. 6, 2005

Family Court Wounds National Guardsman

Gallant Americans are risking life and limb in Iraq to defend home and country. But they never dreamed they might lose their children, too.

When Army National Guard Spc. Joe McNeilly of Grand Ledge, Mich., came home after 15 months in Iraq, he found that a family court "referee" had taken away his joint custody of his 10-year-old son and given full custody and control to the boy's mother.

For five years, McNeilly had had a 50-50 no-problem custody arrangement with his ex-girlfriend Holly Erb. When called up to go to Iraq, he gave her temporary full custody while he was overseas.

While he was gone, Erb persuaded a family court to make her full custody permanent. When McNeilly protested, he was told that his year-long absence constituted abandonment and produced custody "points" against him.

"You want to make a soldier cry, you take his son away," McNeilly said. "It's devastating."
Michigan State Rep. Rick Jones became interested in this injustice. When he contacted the Judge Advocate General's office, he discovered that there are 15 to 20 similar cases in Michigan and it is a common problem all over the United States.

Jones has introduced legislation (HB 5100) providing that absences for military service cannot be used against a parent and that a permanent custody arrangement cannot be established while a parent is on active duty. He is hearing from legislators in other states who want to sponsor similar bills.

Phyllis Schafley

Townhall

http://www.townhall.com/columnists/phyllisschlafly/ps20050905.shtml