Soldier's custody battle is quashed

A federal law protects military personnel from civil actions while they're away.
PITTSBURGH (AP) -- Before he was called to active duty in Iraq, Marine Lance Cpl. George Nicol signed legal papers giving his mother temporary custody of his 2-year-old son, Tyler.
But Tyler's mother went to court to obtain custody and won it briefly, until the Pennsylvania Supreme Court ordered the child's return to Nicol's mother under a federal law that protects service personnel from civil actions while on active duty.
"It shouldn't happen this way," Karen Nicol, 48, the mother of the Marine reservist, told the Pittsburgh Tribune-Review for a story Sunday. "Once they go to war for their country, they shouldn't have to worry about what's going on at home."
Primary custody
George Nicol, 23, of Beaver, had been awarded primary custody of Tyler in January, a month before he was activated. Tyler's mother, Michelle Farrier, 21, challenged Nicol's decision to appoint his mother temporary guardian.
Farrier said she should care for her son while Nicol was on active duty. Beaver County Common Pleas Judge George E. James agreed and awarded her wartime custody.
However, in May, the state Supreme Court ruled that the federal Soldiers' and Sailors' Civil Relief Act applied and ordered Farrier to return Tyler to Karen Nichol.
The law delays civil court actions, reduces interest rates on mortgage payments and credit card debt and provides protection from eviction.
George Nicol lived with his parents, and since his birth, Tyler lived there, too, except for two months after the judge's order. Farrier had lived there until a dispute last year.
Farrier's lawyer, Rebecca A. James, said a soldier's rights shouldn't automatically trump considerations such as a child's welfare and a mother's rights.
"The rights of soldiers are definitely important, and we may be taking an unpopular stance with this case right now," she said. "But I feel that the rights of the parents at home are being violated. There is a fair balance."
Doesn't understand
Farrier said she can't understand why Tyler's grandmother seems to have more rights than she does.
"I just don't think it's fair that she can have Tyler when he's not her son," said Farrier. "He's my son."
Farrier visits with Tyler every other weekend and one day a week. She said she will seek full custody when George Nicol returns.
Nicol has no deactivation date, said Maj. Eric Rose, a spokesman for the Military Police Company B in North Versailles. Nicol's unit guarded Iraqi prisoners of war during the most active phase of combat and has been protecting Army convoys traveling between Kuwait and Iraq.
Kathy Moakler, deputy director of the National Military Family Association, said she has heard of only one or two similar cases.
Reservists with children must complete care plans signed by all parties involved before they can be deployed, she said, and that usually prevents legal custody challenges.
Karen Nicol said preserving her son's rights under the act was about setting an example.
"When I was fighting for my son, I was fighting for every woman's son," Karen Nicol said.
Puzzling ruling
Rob Keenan, an attorney who handled Karen z case, wondered why the judge ruled as he did, considering court precedents indicate the act should have protected her custody of Tyler.
Judge James declined to comment on the case, and his order spelled out only terms of custody, not reasons.