** UPDATE: We learned on Fox and Friends Monday morning that the judge in the case has ordered a delay, saying she didn't know Hindes was deployed. **

A sailor serving overseas could lose custody of his 6-year-old daughter because he’s unable to appear in a Michigan courtroom on Monday.

Matthew Hindes is serving on a submarine in the middle of the Pacific Ocean. A state judge says that if he doesn’t show up to court, he could lose custody of his daughter, Kaylee.

Kaylee is currently in the care of Hindes’ current wife, Benita-Lynn Caoile Hindes. The little girl was removed from her biological mother’s care by child protective services in 2010.

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Congressman Mike Turner has been fighting rules like this for years, working to pass a federal provision to protect our heroes and their children when they’re deployed.

“We need to change the law,” he said today on “Fox and Friends.”

A child custody protection clause proposed by Turner states, “If a court renders a temporary order for custodial responsibility based solely on a deployment, then the court shall require that, upon the return of the service member, the custody order that was in effect shall be reinstated.”

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“Our service members should not be penalized for serving their country,” Turner said. “Unfortunately, family law courts use the time away of deployment against our service members.”

If this case goes forward, Turner said Hindes will be at a disadvantage because he served his country.

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