Published November 27, 2005
[ From the Grand Ledge Independent ]

Soldier changes lawyer in battle in child custody

By Scott Rees
Staff Writer

GRAND LEDGE — A court hearing concerning a local soldier's fight to regain the custody of his child has been postponed because the soldier hired a high-profile legal firm.

Army National Guard Spc. Joe McNeilly, of Grand Ledge, 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.

McNeilly fired his lawyer, citing differences in opinion, and has secured the services of the Law Offices of Jeffery M. Leving, out of Chicago, Ill.

The firm is nationally renowned for its work defending the rights of men, said McNeilly. It has worked several high profile cases across the nation. The firm represented the father of Elian Gonzalez, the Cuban refugee boy who was ordered to return back to his country in 1999, despite attempts by his father to keep him in the United States.

When McNeilly returned from service in March, he found that a court referee recommended against restoring shared custody with his ex-girlfriend, Holly Erb, of Mason.

The referees report stated 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 report also said Erb had established a custodial environment for the boy. Erb's lawyer had said McNeilly is an unfit parent, pointing to postcards with images which she said frightened the boy.

McNeilly filed an objection to the recommendations claiming incorrect procedural information regarding the temporary order, the referee stated information incorrectly, and biased direction of the Friend of the Court against men.

McNeilly also stated the referee failed to mention and take into account Erb's negative actions. She was the defendant in the case.

A new court date has not been set.

Joey's Bill

McNeilly's story prompted State Rep. Rick Jones to introduce legislation to protect soldier's custody rights.

Nicknamed "Joey's Bill" by McNeilly, it has already passed unanimously by the House and Senate and now awaits a signature by Gov. Jennifer Granholm before being signed into law.

The law would bar the Friend of the Court 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;

and allowing a permanent custodial environment to be established while a parent is on active duty.

Jones contacted a Judge Advocate Officer who reported that he knew of 20 similar cases involving moms and dads in Michigan alone.

McNeilly said he is thrilled with the support the bill has been receiving.

"There's some big stuff going on. It's awesome," he said.

McNeilly set up a Web site — http://www.JoeysBill.com/ — to help bring awareness to his plight.

"I also hope this will help bring an awareness with bringing people together who are tired of being bullied by the Friend of the Court," he said.

So far, the Web site has been working, he said.

"A lot of soldiers have been e-mailing or calling. Some of them asking for help, because they want to get this going in their own state," McNeilly said.