Judge Refuses to Stay Divorce Proceedings for Serviceman, Despite Rights Under New Service Members Relief Act
For Immediate Release- September 11, 2007
Houston Family Law and Bankruptcy Firm, Busby & Associates, Questions Judges Decision, Reviews Court's Responsibility - Utilizing all to Educate Clients
HOUSTON - As cases catch the eye of Houston's leading attorneys of Busby & Associates, the legal team seizes the opportunity to educate the public and strengthen strategy to ensure responsible representation for their clients.
Utilizing current cases to explain the law and subjective nature of its interpretation has become an effective educational tool for the Busby & Associates team of attorneys in informing clients.
One such case involved a young military man recently served with divorce papers and denied his rights under new legislation designed specifically for service members. Learning that the father of two - with no local ties other than his wife and children - was served with divorce papers though unable to appear in court as a result of military obligation, the attorneys of Family Law firm Busby & Associates cast a light on mistakes in the case and rights that were denied as a result.
Busby & Associates attorneys explained that in this particular case, the young man was allegedly an unfit parent according to the divorce papers and hired lawyers to defend his right as a father with visitation and conservatorship of his children.
And while he filed his orders to active duty with the court and provided dates in which he would be able to appear to state his case, the spouse's lawyer advised the court that it had discretion to refuse a stay of the pending divorce under the Sailor and Soldier Relief Act of 1940, according to Busby & Associates partner Michael Busby.
"The lawyer for the young man was a veteran and familiar with the new Service Members Relief Act of 2003, advising the Harris County Family Court that under which it had no discretion. The judge preceded nonetheless, and the young man was not given an opportunity to present his testimony in court," said Busby.
The unfortunate outcome was loss of custody and infrequent supervised visits, based on his spouse's testimony only and no documentation or other witness. The judge further refused additional visitation requests and ordered mediation before filing a modification to the possession order.
Busby concluded that while the young father's attorney is optimistic of a reversal of the decision on appeal of the Judge's refusal to stay the divorce despite the Service Members Relief Act, the young man, understandably discouraged, worn down by the system and bound for Iraq, declines to appeal.
Busby & Associates is a leading Houston-based consumer bankruptcy and family law firm that challenges poor decisions in their unyielding pursuit of justice for their clients. They are members of the National Association of Consumer Bankruptcy Attorneys. Log onto www.busby-lee.com or call toll free at (866) 912-9382 to find out how they can help you successfully navigate through the judicial process.
Contact: Michael G. Busby, Jr.
Busby & Associates
Attorneys & Counselors at Law, P.C.
1726 Augusta Drive, Suite 160
Houston, TX 77057
Tel: (713) 974-1151
Fax: (713) 974-1181