Justia Military Law Opinion Summaries

Kelley Kohler (Father) and Carolynn Chambers (Mother) were the biological parents of R.L.K., born April 17, 2012. Father received orders directing him to report for basic training and advanced individual training with the United States Army National Guard. Prior to leaving, Father filed a motion seeking an order authorizing the temporary transfer of his custody and visitation rights with R.L.K. to his spouse. Father maintained he was a "deploying parent" under the Oklahoma Deployed Parents Custody and Visitation Act. The trial court found the ODPCVA was controlling and vested Father's wife with the right to exercise visitation with R.L.K. during his absence. Mother appealed the judgment arguing the trial court erred as a matter of law by finding Father was a "deploying parent" as defined by the ODPCVA. In a case of first impression for the Oklahoma Supreme Court, it reversed the trial court, finding Father was not a "deploying parent" because his temporary transfer was not "in support of combat, contingency operation, or natural disaster" as mandated by 43 O.S.2011 section 150.1. View "Kohler v. Chambers" on Justia Law