Recent Posts in Military Cases Category

If you are going through a divorce and you are a member of the U.S. military service, you will want to obtain legal representation from an attorney that handles these types of cases.  Below, we provide a few tips on choosing a military divorce lawyer for your case:

§  Make sure that you choose a family lawyer that is local.  Not only will this ensure that you have access you your attorney, but it will also ensure that your attorney is familiar with the family laws of your state.

§  Ask about prior military divorce case experience.  Military divorces are different than other types of divorce and the circumstances can be tricky.  For this reason, you want to work with an attorney that has immense experience working on these types of cases.

§  Do you have other family law matters with are related to your divorce?  For example, will you need help obtaining child custody?  If so, you will want to hire a family law attorney that is capable of representing you not only during your military divorce, but also during related family law matters.

If you're ready to consult with a Jacksonville divorce attorney that can offer you advice and legal assistance, contact Ellerin & Hutchinson now!

A new child custody bill affecting military members is being received with mixed opinions.

HR 4469, sponsored by Rep. Michael Turner (R-Ohio), would prevent the courts from permanently changing an existing custody order while a service member is deployed overseas. The bill would also require any temporary changes to the custody order during a deployment to be reversed once the service member returns home. Furthermore, under the terms of the bill, the courts could not use deployment or a possible deployment against a service member when determining the best interest of a child.

Both the Veterans of Foreign War (VFW) and the members of the Iraq and Afghanistan Veterans of America (IAVA) strongly support the bill. Says Justin Brown of the VFW, “The VFW strongly believes that a service member’s duty should not reflect negatively on themselves for the sake of judicial proceedings that deal with something as serious as a permanent custody decision of a child.”

Brown went on to stay that although deployment is hard on the entire family, it is not the service member’s choice to go overseas, it’s the government’s decision which troops are deployed, and it’s wrong to punish the service members for something that is out of their control.

In opposition to this support, the American Bar Association says the bill is well-motivated but not well-considered. A spokesperson for the ABA says the bill could result in child custody cases being heard in federal court, as opposed to the state court, which could lead to some unintended consequences. The ABA suggests that Congress should leave the issue alone for now, as many states are working on amending their child custody laws, with at least 30 states having already passed some changes.

Are you an active member of the U.S. military? Are you worried about how your deployment will affect your child custody arrangement? A  Jacksonville military divorce lawyer at Ellerin Hutchinson can help. To schedule a consultation to discuss your situation, please call (904) 866-4489.

Captain Cheyne Parham, a U.S. soldier, said the rights he has fought to protect are not being upheld.  For the past year, Parham has been fighting to bring his wife and two daughters to the United States from the Philippines.

Parham’s fight began after the American consulate in the Philippines denied his family a U.S. passport.  The reason? The consulate doubted the paternity of Parham’s children, even though Parham produced birth certificates, a marriage certificate, insurance forms, and a court ruling saying the children were his.  He even took a DNA test to prove he is the biological father of the children.

“We sampled my wife, one of my daughters, because the other one was sick at the time, and I got sampled as well. The results came in…and 99.98 percent of American Caucasian males are excluded from being the father,” explained Parham. “So it’s 99.99 percent I’m the father.”

Despite the convincing evidence, Parham says the American consulate is requiring that he and his family submit to another DNA test, this one conducted by officials at the consulate.

Parham vows that he will keep fighting until his wife and two daughters are allowed into the country.  Parham says he also feels his struggle will help other members of the military in similar situations.

“I have a responsibility to every other service member who has been through this, and that will be in this situation. Because if I don’t fight then the wrong will just happen again.” said Parham.

Experienced Jacksonville Military Attorney

Scott Ellerin is a Jacksonville military divorce attorney who has considerable experience representing all members of the United States military in divorce proceedings and child custody cases.  He is not a stranger to paternity issues involving military personnel, has the experience and legal skill to represent any military serviceman or woman involved in a paternity disagreement or child custody dispute.  If you are searching for an experienced military divorce lawyer in the Jacksonville area, please do not hesitate to contact Attorney Scott Ellerin today!