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Topic: MI Nat'l Guardsman loses Shared Custody (Read
127 times) |
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mikeh2002
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http://www.wwmt.com/engine.pl?station=wwmt&id=18870&template=breakout_state.html
Guardsman says Iraq service cost him custody
August 22, 2005 - 9:13AM GRAND LEDGE (AP)
- A Michigan Army National Guard member says that he
lost shared custody of his ten-year-old son because
he served in Iraq last year. Specialist Joe
McNeilly, 33, of Grand Ledge agreed to give
temporary full-time custody to the mother of his son
Joey. But after he returned from Iraq, an Ingham
County court referee recommended against restoring
his shared custody. The court and mother
Holly Erb of Mason say McNeilly's deployment didn't
cause the loss of custody. State
Representative Rick Jones says he'll develop
legislation to bar courts from counting soldiers'
military duty against them in custody cases.
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"One could do worse than be a swinger of birches."
-Frost | | |
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mikeh2002
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Well thats
mighty nice of the rep. Wonder how many cases are
like this in LA. I noted how the court is saying
that his duty is not the reason why he lost shared
custody, but they are not saying what the supposed
real reason is.
http://www.wlns.com/global/story.asp?s=3749070
New legislation may be introduced here in Michigan
that would keep courts from factoring in military
duty during custody cases. The idea stems from a
case where a Michigan Army National Guard member
says that he lost shared custody of his 10-year-old
son because he served in Iraq last year.
Specialist Joe McNeilly of Grand Ledge agreed to
give temporary full-time custody to the boy's
mother, but after he returned from Iraq, an Ingham
County court official recommended against restoring
his shared custody. The court says his deployment
didn't cause the loss of |
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"One could do worse than be a swinger of birches."
-Frost | | |
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SingleDad
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that's ashame a
man serves his country, and get's screwed like this
when he comes home.  i'm also
wondering if there is some federal law to protect
national guard and reserve members from something
like this. there are laws to protect them for
loosing their jobs while activated.
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i'm not a lawyer, just a dad. http://www.ladads.org/"It is
curious that physical courage should be so common in
the world and moral courage so rare. " Mark Twain | | |
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jray
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I get the
feeling that there is more to this story than we are
being told....  |
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Logged |
I am not a lawyer and any advice or information I
give should not be construed as legal advice.
The information I give is based on my experiences
and is, for the most part, a product of my somewhat
warped mind. | | |
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mikeh2002
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I was wondering
that as well, but if it was something else why
didn't the mother or the court say what it was? |
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Logged |
"One could do worse than be a swinger of birches."
-Frost | | |
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jray
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I was wondering that as well, but if it
was something else why didn't the mother or the
court say what it was?
They may very well
have said more but our outstanding media didn't see fit
to publicize it since it wasn't sensational
enough....who knows? I just get that feeling that I am
missing something here..... |
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Logged |
I am not a lawyer and any advice or information I
give should not be construed as legal advice.
The information I give is based on my experiences
and is, for the most part, a product of my somewhat
warped mind. | | |
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Sara Jayne
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i'm also wondering if there is some
federal law to protect national guard and reserve
members from something like this. there are
laws to protect them for loosing their jobs while
activated.
i'm sure if there is the jag office can
point the man in the right direction ... |
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Religion is for people afraid of going to hell.
Spirituality is for those who have already been
there. | | |
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mikeh2002
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The JAG offices
are not really the ones to go to if it did not
violate the SSCRA. Some courts are ignoring that
anyway when it comes to child custody while the
parent is deployed. In CO last year (or the year
before) a judge was about to give custody of some
children to the mother if the father and or his new
wife did not return from deployment (yup, that can
result in jail time for the service member) to stay
with the kids. The step mother stayed, retained
custody of the kids, got in trouble with the UCMJ,
got kicked out of the Nat'l Guard. Happy ending, eh?
A friend of mine here gave his ex temp custody in
Texas. While he was gone she took it to court, got
full costody and more than 2x the amount of agreed
upon CS. Of course he was not there to defend
himself, he never even recieved notice. When he
notified the court of the REAL situation he was
told, "Tuff SH*T!" |
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"One could do worse than be a swinger of birches."
-Frost | | |
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