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Military Law,
Family

Jun. 5, 2019

Fit for paternal duty: Those who serve and their children

One might assume the home front would carefully guard the parental rights of those who serve or have served in our armed forces. In fact, some lawyers are advising their clients that child custody and military service are incompatible.

4th Appellate District, Division 3

Eileen C. Moore

Associate Justice
California Courts of Appeal

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Fit for paternal duty: Those who serve and their children
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One might assume the home front would carefully guard the parental rights of those who serve or have served in our armed forces. In fact, some lawyers are advising their clients that child custody and military service are incompatible.

The U.S. Supreme Court has held that parents have a fundamental right to rear their children. Meyer v. Nebraska, 262 U.S. 390 (1923). Meanwhile, courts throughout California...

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