Published August 25, 2005

Grand Ledge soldier's battle for custody gains national attention

States look to copy new bill introduced by House legislator

Custody: Rep. says case angered citizens

As a local case gains national attention, state Rep. Rick Jones introduced legislation Wednesday to protect soldiers' custody rights.

Two nationally syndicated news shows - one radio, one television - are working on stories about Army National Guard Spc. Joe McNeilly of Grand Ledge.

McNeilly says he lost custody of his 10-year-old son, Joey, because of his service in Iraq. Joey's mother and her lawyer say the case is about McNeilly's parenting skills, not his service.

"Inside Edition" is scheduled to be in Lansing today filming interviews with McNeilly and Jones.

Producers of the afternoon news show said they hope to air the story next week but no date is set.

In the meantime, Web users can listen to an interview tonight with Jones on the radio program "Military and Family Issues" with Navy Cmdr. James Semerad.

The program does not broadcast on the radio in the Lansing area.

The case also has prompted lawmakers in neighboring states to begin work on similar legislation.

State lawmakers in Ohio and Wisconsin called Jones, R-Grand Ledge, this week requesting copies of his bill.

Jones' bill prohibits courts from using soldiers' absences for active duty against them in determining custody of minor children.

In an effort to move the legislation quickly, state Sen. Patty Birkholz, R-Saugatuck, said she plans to introduce the bill in the Senate next week.

Specifically, the bill would bar courts from:

* Making a "best interest determination" based on the parent's separation from his or her child due to military service.

* Using military service as proper cause to alter a previous custody order or judgment.

* Allowing a permanent custodial environment to be established while a parent is on active duty.

Jones said he's also taken several calls from residents of Michigan and beyond who said they were angered by the case, first detailed in Sunday's State Journal.

"I'm not surprised that people across the nation are very angry," he said.

"Many people are against the war, but they will never be against our young men and women who are serving our country and risking their lives."

McNeilly, 33, returned in March after serving 15 months in Iraq. He agreed to give his ex-girlfriend Holly Erb of Mason temporary full custody while he was deployed.

A custody order said the issue would be revisited when McNeilly returned from Iraq, but a court referee in May recommended against restoring shared custody.

The referee's report said the court favored Erb because she was the "day-to-day caretaker and decision maker in the child's life" while McNeilly was deployed.

The court also said that Erb had established a custodial environment for Joey while McNeilly was deployed.

Erb's lawyer, Theresa Sheets of Lansing, has said Erb is concerned that McNeilly is not a fit father. Sheets pointed to some postcards that McNeilly sent his son from Iraq depicting soldiers in training. She said they frightened the boy.

Neither Erb nor Sheets returned messages for comment Wednesday.

McNeilly said he was pleased with the interest his case.

"I don't know if it will help my case at all, but maybe it'll help some of the other Guardsmen and women out there," he said.

Contact Stacey Range at 377-1157 or srange@lsj.com.

* State Rep. Rick Jones, R-Grand Ledge, introduced House Bill 5100 on Wednesday barring courts from using soldiers' active duty against them in custody cases.

* The bill first will be considered by the House Committee on Family and Children Services. The committee isn't scheduled to meet again until Sept. 2, and clerk Malika Abdur-Rashid said she didn't know when Jones' bill might be considered.

On the Web

* Read the bill at www.legislature.mi.gov.

Two nationally syndicated news shows are working on stories about Spc. Joe McNeilly's custody battle:

"Military and Family Issues"

* Time: 8 p.m. tonight

* Station: www.krightsradio.com/listenlive.php

* Broadcast: Navy Cmdr. James Semerad will interview state Rep. Rick Jones. Listeners can call in questions at the end of the show.

"Inside Edition"

* Time: 4 p.m. Monday through Friday

* Station: ABC 53 on channel 3 in Lansing, 5 in East Lansing

* Broadcast: Producers hope to air the story next week, but no date is set.