State/Prov.  : Virginia

Case name    : Rubino v. Rubino

Case #          : Record No. 0595–14–1

Court             : Virginia Court of Appeals

Reviewed by : Laura W. Morgan

Main issue     : Child Custody

Military Parents Equal Protection Act, under which deployed military parents are provided special protections with respect to child custody and visitation rights during the time they are deployed, did not apply to divorce and child custody action involving father who, despite his active duty status, was not deployed to an area of military operations where dependents were not permitted to reside, as contemplated by the Act; because father was deployed to area in which his family could accompany him, the Act did not operate to afford father a generalized preference as to child custody or visitation.

Laura W. Morgan is the owner and operator at Family Law Consulting in Charlottesville, Virginia.Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website.