# Federal Protections for Those in a Utah Military Divorce | Brown Family Law

Utah parents generally want what is in the best interest of their children, especially when considering divorce. For those in the service, a military divorce can be further complicated by things beyond a service member’s control. One such case involves a military father who is currently deployed but is also facing a custody dispute.

A federal law allows for court cases pending against active-duty military members to be granted an additional window so that they may make efforts to appear in court. However, in a recent case, a deployed member of the military is in a custody dispute involving his young daughter and his former wife. Initially, the judge threatened the sailor with jail time in addition to losing custody of his daughter because he failed to appear in court. The judge’s orders were reversed once it was made clear that the reason that he could not appear was because of military service.

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As a result of this military member’s legal battles and the battles of countless others, lawmakers are seeking to strengthen laws aimed at protecting the parental rights of service members. Among the reported protections being considered for those in the military are those intended to cease deployments, both current and future, from being used as factors for determining [child custody](https://www.brownfamilylaw.com/salt-lake-city-ut/child-custody-lawyer/). The law is currently waiting for approval with the Senate.

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For Utah service members contemplating filing for a military divorce, it is important to understand the necessary steps that can be taken under the current law to protect their parental rights. Unfortunately, despite following the law, military members sometimes find themselves in stressful situations when trying to defend those rights. Fortunately, it appears that there are lawmakers making strides to create legal ways for all parents to have the ability to protect their rights regarding their children.

**Source: **Marine Corps Times, “Custody case highlights a dilemma of deployment”, Lance M. Bacon, July 5, 2014

Military Divorce Blog Posts:    [![Understanding the Impact of a Divorce on Military Families](https://www.brownfamilylaw.com/wp-content/uploads/understanding-the-impact-of-a-divorce-on-military-families-300x200.jpg)](https://www.brownfamilylaw.com/blog/understanding-the-impact-of-a-divorce-on-military-families/)

### [Understanding the Impact of a Divorce on Military Families](https://www.brownfamilylaw.com/blog/understanding-the-impact-of-a-divorce-on-military-families/)

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### [Special Considerations for Military Divorces](https://www.brownfamilylaw.com/blog/special-considerations-for-military-divorces/)

Military couples that are getting divorced face unique challenges. After the decision to get divorced is made, the

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### [Service Members and Spouses - Rights Under USFSPA](https://www.brownfamilylaw.com/blog/service-members-and-spouses-rights-under-usfspa/)

Divorce, child custody and child support proceedings in Salt Lake County involving active duty and retired military

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### [Military Members and the Divorce Process](https://www.brownfamilylaw.com/blog/military-members-and-the-divorce-process/)

Military members or their spouses living in Utah may need to understand the additional considerations they have when

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Source: https://www.brownfamilylaw.com/blog/federal-protections-for-those-in-a-utah-military-divorce/