Got your six? Veterans and the family court system

Abstract

Status as a Veteran or military Servicemember (SM) can negatively impact custody determination in family court. Veterans and Servicemembers (SMs) must contend with unique barriers. The first barrier is a dueling media narrative of extremes, in which they are both idolized and demonized, extremes that shape the view that much of American society takes with respect to Veterans and SMs. The second barrier is the Permanent Change of Station (PCS) system. PCS forces SMs to move frequently and they have no formal mechanism to decline a PCS in order to maintain an existing child custody arrangement. The third barrier is an alarmingly high and incorrect over-association of military service and Post Traumatic Stress Disorder (PTSD) coupled with the incorrect assertion that PTSD manifests itself primarily in a violent manner. The fourth barrier is a unique administrative hearing process within each of the military services known as the Family Advocacy Program (FAP) Incident Determination Committee (IDC) / Case Review Committee (CRC) which reviews claims of spousal or child abuse and is empowered to substantiate abuse claims without affording procedural due process protections. This paper is important because informing the body of professionals who comprise family court matters about these barriers will ideally lead to improved child custody outcomes for Veterans and SMs as well as push for additional research into the subject to understand how and in what manner SMs and Veterans are negatively impacted in custody determinations.