Email to a friend

Court Decision May Imperil Servicemembers’ Custody Rights

A Jan. 3 ruling by the Appellate Division of the New York State Supreme Court in a child custody case could have a wide-ranging impact, undermining the rights of parents enlisted in the reserves. In the case, Diffin v. Towne, Richard S. Diffin petitioned his former wife Tanya Towne for custody of their son after learning that Towne—a member of the Army National Guard—would be deployed to Iraq in May 2004 for at least a year. After being awarded temporary custody for the duration of her deployment, the father petitioned to modify the temporary custody order to award himself primary physical custody. The court ruled in favor of the father. Gregory T. Rinckey, a former Army attorney who practices military and family law at the firm Tully Rinckey PLLC, said the decision “marks a serious attack” on the civil rights of military members. Rinckey’s firm noted that legislation introduced by Sen. Judd Gregg, R-N.H., would amend the Servicemembers Civil Relief Act to provide protection for child custody arrangements for deployed military parents.


Attorney Locator

Find an attorney near you.
Click below.

Contact Us

  • Free Turkeys for Veterans and Active Duty Personnel

    VESTAL, N.Y. – WICZ-TV BINGHAMTON Veterans and active duty service members from around the southern tier were treated to a free turkey Tuesday afternoon.  The veteran owned law firm Tully Rinckey teamed up with Price Chopper and provided 12 to 14 pound …

Read All

  • Free Download: EEOC 2016 Update White Paper

    You Could Be Sharing Confidential Info and Not Even Know It Tully Rinckey’s white paper details the Equal Employment Opportunity’s (“EEOC”) nationwide change to procedure that has gone largely unnoticed. The new procedure applies to Charges filed on or after …

Read All

Read All

Read All