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BY JEANNINE KORANDA Eagle Topeka bureau TOPEKA - Deployed soldiers shouldn't have to worry about their child custody agreements while fighting a war, and House Bill 2621 would remove that fear, proponents say. The Kansas House on Wednesday gave preliminary approval to the bill, which would help ensure that deployed soldiers return to the same custody and visitation rights they had when they left. Even in a war zone, parents don't stop worrying about their children, said Stacey Adair of Wichita, who lobbied for the measure on behalf of his sister. "You don't get away from your kids just by the force of distance," he said Wednesday. Adair began pushing for the bill after his sister, Army 1st Lt. Tira Bolder, was deployed to Iraq then had problems with her custody arrangement. "We have an obligation to these men and women that are serving," Adair said.
The measure stipulates that the custody arrangement that was in place when a soldier deployed would resume within 10 days of his or her return. It would also allow members of the soldier's family to reassume their parenting rights and responsibilities. The rules would apply to soldiers deployed abroad, those sent to temporary duty stations and those assigned anywhere their family cannot accompany them. As more soldiers -- both on active duty and in the National Guard or Reserves -- are mobilized the problem will increase, Rep. Lance Kinzer, R-Olathe, told the House. "The feeling among many service members is that they go, serve their country as they've been asked to do and when they return they suffer a detriment," he said. While researching the problem and working on the measure, Adair said he was surprised to discover his sister's situation was common. During a hearing in January, several soldiers told lawmakers about problems they had encountered with their custody agreements after returning from a deployment. Sgt. Doug Mulqueen of Topeka said at the January hearing that he returned from a deployment to Iraq in November to greatly reduced time with his daughters. N. Trip Shawver, a Wichita family law attorney, said he sees cases similar to Mulqueen's and Bolder's weekly. He said he was pleased to see the Legislature considering the idea. Sometimes one parent might take advantage of another's deployment without considering what is best for the child, he said. The measure "allows the court to consider the child's best interests and not have as much disruption in the child's life," he said. In written testimony in January, Adair said about 7.8 percent of military members are single parents. "It's surprising that this hasn't been addressed," he said Wednesday. He plans to testify when the measure comes before the Senate. The House will take a final vote today. Assistant Minority Leader Jim Ward, D-Wichita, who helped craft the measure, said he expected it to pass overwhelmingly. Source: http://www.kansas.com/news/legislature/story/311214.html
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