The National Military Family Association is the leading non-profit organization committed to improving the lives of military families. Our 40 years of accomplishments have made us a trusted resource for families and the Nation’s leaders. We have been at the vanguard of promoting an appropriate quality of life for active duty, National Guard, Reserve, retired service members, their families and survivors from the seven uniformed services: Army, Navy, Air Force, Marine Corps, Coast Guard, Public Health Service and the National Oceanic and Atmospheric Administration. 

Association Representatives in military communities worldwide provide a direct link between military families and the Association staff in the Nation’s capital. These volunteer Representatives are our “eyes and ears,” bringing shared local concerns to national attention.

 The Association does not have or receive federal grants or contracts.

 Our Web site is: www.MilitaryFamily.org.

Chairman Herseth Sandlin and Distinguished Members of this Subcommittee, the National Military Family Association would like to thank you for the opportunity to present testimony on H.R. 4469 , to amend the Servicemembers Civil Relief Act to provide for protection of child custody arrangements for parents who are members of the Armed Forces deployed in support of a contingency operation. 

 Our Association often advocates that “one size does not fit all” regarding programs and benefits for our service members and their families. Child custody is no different. Over the past two years, our Association has been contacted by numerous service members regarding child custody issues during all phases of deployment and service careers. No two cases were the same. We appreciate the passion the proponents of the legislation have for our service members and their families, but a single piece of legislation will not solve the problem. 

Traditionally, child custody has been left to the states. Our Association is concerned that federal intervention could stifle state efforts, which in many cases has provided broader protections for our service members. More than thirty states have passed legislation protecting the rights of our service members in child custody cases. At least ten other states - Alabama, Alaska, Georgia, Hawaii, Indiana, Iowa, New Jersey, Ohio, Rhode Island, and Vermont – are actively working legislation. The Department of Defense State Liaison program is working with these states to move legislation forward and to have legislation introduced in the remaining states. 

Deployment is just one event that takes a servicemembers away from their family. What happens to a service member who has a permanent change of station (PCS) or goes on a temporary duty assignment (TDY) to attend a school? Where are their protections against a change in custody? There are many other events in a service member’s career that can prompt custody changes. We need to better understand the fact patterns involved and work to find broader and more comprehensive solutions that address them. 

In the Fiscal Year 2010 National Defense Authorization Act, Congress directed a report by the Secretary of Defense on child custody cases in which deployment of a service member was an issue and on measures taken to assist service members in avoiding child custody disputes. The Department of Defense (DoD) is moving forward on the report, and we hope to see the results by the end of summer 2010. This report will help everyone better understand the scope of the problem and tailor specific solutions to solve them.

 Service members must also be proactive and address custody and deployment early in custody negotiations. Realizing the impact that this preplanning could have on decreased litigation, DoD has undertaken efforts to strengthen Family Care Plan instructions. Broadening the instances of who should have them and dictating what should be included, will prevent many of the custody issues that arise when service members return. 

Internally, we have struggled with how these issues can be resolved. At one time, we supported this legislation. Now, our experience tells us that federal legislation is not the solution. We urge Congress to proceed cautiously and to consider the possible unintended consequences that this legislation could have, not only on our service members, but on their children.

We thank you for your support of our service members and their families and we urge you to remember their service as you work to resolve the many issues facing our country. Military families are our Nation’s families. They serve with pride, honor, and quiet dedication.