Legal Question in Family Law in Washington
Servicemembers Civil Relief Act
As an adoption caseworker working with a birthmother who wants to place her child for adoption, what must I do to initiate/satisfy the Servicemembers Civil Relief Act when birthfather is a servicemember?
1 Answer from Attorneys
Re: Servicemembers Civil Relief Act
I will presume you understand the requirements to effect a termination of parental rights, and that your action conforms to Washington law (and that Washington law applies) in all other respects. There is nothing you have to do to satisfy the provisions of the SCRA, but the service member may invoke certain rights (to a stay under certain circumstance). You should notify the court that the father is a service member and what you know about his deployment status, you don't have to do that, but failure to do so would make any order or decree vulnerable. Under some circumstances, with knowledge that the other party is a service member and their deployment status, the court will grant a stay on the matter on its own motion (called sua sponte).