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« Socialism and Monopolies will be the death of Costa Rica | Main | I know I have posted this before, but really... »

May 05, 2007
Spin this...

I appreciate the fact that Jay Tea comes over from Wizbang to debate me from time to time...

How he can read stories like these and still rah rah Bush's war, I dont know.

Deployed troops battle for custody of children She had raised her daughter for six years following the divorce, handled the shuttling to soccer practice and cheerleading, made sure schoolwork was done. Hardly a day went by when the two weren't together. Then Lt. Eva Crouch was mobilized with the Kentucky National Guard, and Sara went to stay with Dad.

A year and a half later, her assignment up, Crouch pulled into her driveway with one thing in mind — bringing home the little girl who shared her smile and blue eyes. She dialed her ex and said she'd be there the next day to pick Sara up, but his response sent her reeling.

"Not without a court order you won't."

Within a month, a judge would decide that Sara should stay with her dad. It was, he said, in "the best interests of the child."

What happened? Crouch was the legal residential caretaker; this was only supposed to be temporary. What had changed? She wasn't a drug addict, or an alcoholic, or an abusive mother.

Her only misstep, it seems, was answering the call to serve her country.

Crouch and an unknown number of others among the 140,000-plus single parents in uniform fight a war on two fronts: For the nation they are sworn to defend, and for the children they are losing because of that duty.

A federal law called the Servicemembers Civil Relief Act is meant to protect them by staying civil court actions and administrative proceedings during military activation. They can't be evicted. Creditors can't seize their property. Civilian health benefits, if suspended during deployment, must be reinstated.

And yet servicemembers' children can be — and are being — taken from them after they are deployed.

Some family court judges say that determining what's best for a child in a custody case is simply not comparable to deciding civil property disputes and the like; they have ruled that family law trumps the federal law protecting servicemembers. And so, in many cases when a soldier deploys, the ex-spouse seeks custody, and temporary changes become lasting.

Even some supporters of the federal law say it should be changed — that soldiers should be assured that they can regain custody of children after they return.

"Now, they've got a great argument when Johnny comes marching home that the child should remain where they are, even though it was a temporary order," says Lt. Col. Steve Elliott, a judge advocate with the Oklahoma National Guard, referring to non-deployed parents.

Military mothers and fathers, meanwhile, speak of birthdays missed. Bonds, once strong, weakened. Returning from duty not to joyful reunions but to endless hearings.

They are people like Marine Cpl. Levi Bradley, helping to fight the insurgency in Fallujah, Iraq, while battling for custody of his son in a Kansas family court.

Like Sgt. Mike Grantham of the Iowa National Guard, whose two kids lived with him until he was mobilized to train troops after 9/11.

Like Army Reserve Capt. Brad Carlson, fighting for custody of his American-born children in a foreign land after his marriage crumbled while he was deployed to the Middle East and his European wife refused to return to the States.

And like Eva Crouch, who spent two years and some $25,000 pushing her case through the Kentucky courts.

"I'd have spent a million," she says. "My child was my life ... I go serve my country, and I come back and have to go through hell and high water."

In the midst of World War II, back in 1943, the U.S. Supreme Court held that the soldiers' relief law should be "liberally construed to protect those who have been obliged to drop their own affairs to take up the burdens of the nation."

Shielding soldiers, after all, would allow them "to devote their entire energy" to the nation's defense, as the law itself states.

But in child custody cases, the opposite often happens.

Battlefield ethics study finds lapses WASHINGTON (AP) — In a survey of U.S. troops in combat in Iraq, less than half of Marines and a little more than half of Army soldiers said they would report a member of their unit for killing or wounding an innocent civilian.

More than 40% support the idea of torture in some cases, and 10% reported personally abusing Iraqi civilians, the Pentagon said Friday in what it called its first ethics study of troops at the war front. Units exposed to the most combat were chosen for the study, officials said.

"It is disappointing," said analyst John Pike of the Globalsecurity.org think tank. "But anybody who is surprised by it doesn't understand war. ... This is about combat stress."

The military has seen a number of high-profile incidents of alleged abuse in the wars in Iraq and Afghanistan, including the killings of 24 civilians by Marines in Haditha, the rape and killing of a 14-year-old girl and the slaying of her family in Iraq and the sexual humiliation of detainees at Abu Ghraib prison.

"I don't want to, for a minute, second-guess the behavior of any person in the military — look at the kind of moral dilemma you are putting people in," Christopher Preble of the libertarian Cato Institute think tank, said of the mission in Iraq. "There's a real tension between using too much force, which generally means using force to protect yourself, and using too little and therefore exposing yourself to greater risk."

But I am sure Jay will find the silver lining in this cloud...

Posted by David A at May 5, 2007 09:52 PM
Filed Under Iraq | 956 Words
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