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Prominent fathers' rights attorney takes custody case of G.L. soldier
Man represented dad in case of Elian Gonzalez

By Stacey Range
Lansing State Journal

One of the nation's top defenders of fathers' rights is taking the case of a Grand Ledge soldier who says he lost joint custody of his son because of his Iraq service.

Jeffery Leving, a renowned advocate and legal consultant who represented the father of Elian Gonzalez, said he will act as co-counsel for Michigan National Guard Spc. Joe McNeilly.

"This is an outrageous case and just one example of how the rights of military fathers are disregarded," Leving said Monday from his Chicago office. "This has implications far beyond his case."

Leving, who commands an hourly fee of $400, is taking the case pro bono. He will be the lead attorney and will work with a local lawyer to be hired because Leving is not licensed to practice by the Michigan Bar.

The change of attorneys is scheduled to occur Wednesday before Ingham County Family Court Judge Janelle Lawless. McNeilly said the change was the result of a mutual agreement based on differences of opinion with his current attorney, Pat Boog of Lansing.

McNeilly, 33, claims his 15-month tour in Iraq is the only reason he is being denied shared custody of his 10-year-old son, Joey.

Upon McNeilly's return, the Ingham County Friend of the Court refused to reverse an agreement he signed giving the boy's mother, Holly Erb, full custody while he was gone.

Erb and her husband, Stephen, say the case is about McNeilly's parenting skills.

But Leving disagrees.

"While he was putting his life at risk to protect our country, he was sandbagged at home in our judicial system," he said.

Leving played a pivotal role in the 1999-2000 international custody dispute between Elian's Miami relatives and his Cuban father, to whom he was returned.

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