Rosenberger pursues legislation to protect custody rights of military personnel
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At a press conference at the Ohio Statehouse, State Representatives Cliff Rosenberger (R-Clarksville) and Jarrod B. Martin (R-Beavercreek) discussed legislation that, when enacted, will help balance the equities involved with child custody and visitation rights in situations that require military service members to be separated from their families for an extended period of time.
Specifically, House Bill 121 states that no permanent orders altering existing custody arrangements should be entered while the custodial parent is unavailable due to military service. The custody order that was in place before the absence of a military parent should be reinstated within a set time upon the return of the military parent, provided that reinstating said custody would not damage the best interests of the child.
“In many cases, state laws do not consider the unique aspects of military service when making custody determinations,” said Rosenberger, who is the primary sponsor of the bill. “This legislation would affirm that an absence due to military service should never be the sole basis for a loss of custody or diminished visitation rights, while also keeping the welfare of the child paramount.”
This bill also allows a service member with visitation rights to petition the court to allow those visitation rights to be delegated to a third party during the service member’s absence due to military service.
“Custody issues often arise from the mobilization of National Guard and military reserve personnel, or the temporary deployment of active-duty service members,” said Martin, who serves as the chairman of the House Veteran’s Affairs Committee. “We need to better balance the equities of military service when considering what is best for the child.”
This issue was brought to the representatives’ attention by Amanda Denehy, a constituent of the 86th District, who is an advocate for deployed soldiers. Amanda brought to Rep. Rosenberger’s attention the custody predicament of several military service members who are currently, or have been, deployed in Iraq.
House Bill 121 was assigned to the Veteran Affairs Committee where it will undergo further consideration.[[In-content Ad]]
Specifically, House Bill 121 states that no permanent orders altering existing custody arrangements should be entered while the custodial parent is unavailable due to military service. The custody order that was in place before the absence of a military parent should be reinstated within a set time upon the return of the military parent, provided that reinstating said custody would not damage the best interests of the child.
“In many cases, state laws do not consider the unique aspects of military service when making custody determinations,” said Rosenberger, who is the primary sponsor of the bill. “This legislation would affirm that an absence due to military service should never be the sole basis for a loss of custody or diminished visitation rights, while also keeping the welfare of the child paramount.”
This bill also allows a service member with visitation rights to petition the court to allow those visitation rights to be delegated to a third party during the service member’s absence due to military service.
“Custody issues often arise from the mobilization of National Guard and military reserve personnel, or the temporary deployment of active-duty service members,” said Martin, who serves as the chairman of the House Veteran’s Affairs Committee. “We need to better balance the equities of military service when considering what is best for the child.”
This issue was brought to the representatives’ attention by Amanda Denehy, a constituent of the 86th District, who is an advocate for deployed soldiers. Amanda brought to Rep. Rosenberger’s attention the custody predicament of several military service members who are currently, or have been, deployed in Iraq.
House Bill 121 was assigned to the Veteran Affairs Committee where it will undergo further consideration.[[In-content Ad]]