Kansas Marine enters new battlefield -- the court system

By Julia Spalding

Published on May 10, 2006

When Cpl. Levi Bradley's marriage dissolved last spring, he was away serving in the Marines. The Kansas soldier thought that by invoking, in his absence, the Servicemembers Civil Relief Act (which can assist active military personnel involved in lawsuits), he would not lose custody of his 2-year-old son, Tyler. Rather than having the child stay with his estranged wife, Bradley wanted his parents to be given custody of Tyler until he returned from serving his country. However, when a Franklin County judge ruled that the act did not apply to this particular civil proceeding, Tyler's mother was given custody.

The case of Levi Adam Bradley v. Amber Bradley has made its way to the state Supreme Court, where a ruling is expected in early June. Bradley's attorney argued that the Servicemembers Act should protect Kansas soldiers in a case such as this. Amy Durkin, the attorney representing the estranged wife, argues against that proposal. "The rights of a parent to have the opportunity to raise their child without interference of a third party is an extremely important right, just as the right of a servicemember to invoke the Civil Relief Act, and it's our position that it requires a balancing act," Durkin says.

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