
The child custody case of a Kansas soldier has made its way to the state Supreme Court.
Cpl. Levi Bradley, an active duty Marine who spent time in Iraq, is fighting to regain custody of his two year old son from his estranged wife Amber.
Bradley lost his son while he was away on duty. “My opinion wasn't able to be voiced due to the fact that I wasn't there to actually state it myself,” he said. “The fact that I'm not able to be back just throws everything out of whack.”
To protect his custody rights, Bradley invoked the Servicemembers Civil Relief Act. The act is supposed to help active duty military personnel engaged in lawsuits.
A ruling issued by a Franklin County Judge, however, stated that the act didn't apply to Bradley's custody case.
Jean Ann Uvodich, Bradley's attorney, argued that the act should offer her client protection. “It specifically says that it applies to all civil proceedings,” she said.
Bradley wants his son to stay with his parents until he returns from duty.
Amy Durkin, the attorney for Bradley's estranged wife, opposes this plan, citing the rights of a parent to raise their own child without third party interference.
The state Supreme Court is expected to hear the case next month.
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