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Military Law Questions & Answers
1 Answer | Asked in Divorce, Family Law, Child Custody and Military Law for Alabama on
Q: Can my ex stop me from moving out of state with the kids, even though she already moved out of state?

My ex moved out of state 2 months after the divorce. 3 years later I got married again and my wife is active duty military, which means we will have to move to another state soon. My ex keep saying she don't want the kids away from her, but she moved to Fl 3 years ago, and has violated the... Read more »

Philip D. Cave
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Philip D. Cave
answered on Feb 23, 2022

You and your wife should go to the Base Legal Assistance Office. You are both entitled to free legal assistance. They will have some of the answers there. If they don't, they will have a referral list of local lawyers familiar with military divorces and PCS.

It partly depends on what...
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1 Answer | Asked in Military Law for Texas on
Q: Need jag advice. I went awol from the army back in ‘09 and I wish to go back to clear my name. What should I do?

Before I left I told my sergeant at the time that I was leaving and he told me to go take care of my family. I have been gone for almost 14 years and I wish to go back to clear my name. I need an advice from jag as to what I should do or where the best place would be to go to do this.

Philip D. Cave
PREMIUM
Philip D. Cave
answered on Feb 22, 2022

There are civilian lawyers who can help with this.

Experience shows that a person receives better treatment if they surrender rather than get arrested. 30 days after you left you were declared a deserter and a federal arrest warrant was issued. Mny of my AWOL clients were arrested when...
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1 Answer | Asked in Military Law for North Carolina on
Q: I want to back out of the National Guard what are my options?

I recently enlisted in the National Guard, I haven't been to basic training yet. I've thought about this a lot and I just realized It's truly wrong for me, I jumped into it while simply excited (I'm 17). Is there a way out without legal repercussions?

Philip D. Cave
PREMIUM
Philip D. Cave
answered on Feb 22, 2022

It may be possible to void your contract. There is a procedure to do that.

I usually recommend you visit this website for more precise advice on how best to do that.

https://girightshotline.org/

2 Answers | Asked in Divorce, Child Custody and Military Law for Massachusetts on
Q: Can I apply for benefits and support to move out of the marital home with the kids before I file for divorce?

I am financially dependent on my husband. I want to leave. I have $500 SSDI a month. He is military active duty but stationed close by. We have two minor children.

Philip D. Cave
PREMIUM
Philip D. Cave
answered on Feb 22, 2022

If he is military, he is required by military law to "support his dependents."

Should you move out and you do not have a signed separation agreement, the military mandates that he must pay you a portion of his pay and allowances as support for you and the children pending the...
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1 Answer | Asked in Military Law for Florida on
Q: There is a Florida statute that says all able-bodied citizens of this state are in the militia. Is there an age range?

“ The militia consists of all able-bodied citizens of this state and all other able-bodied persons who have declared their intention to become citizens.” Does this mean that there is no defined age range? I’m 15 years old, and I’m curious if I’m legally part of this militia.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 1, 2022

Florida Statute 0.02 Militia.— (the statute from which you have quoted) provides that

(1) The militia consists of all able-bodied citizens of this state and all other able-bodied persons who have declared their intention to become citizens. ... ".

Correct. There seems...
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2 Answers | Asked in Child Custody, Family Law and Military Law for Arizona on
Q: Would my husband and I be able to get/keep custody of his daughter if he enlists in the military?

My husband wants to enlist in the military, but he doesn’t want to lose custody of his 2yr old daughter. Right now he and his ex haven’t settled any sort of custody agreement in court, it’s all been verbal agreements. We currently are her primary household, and have been for over a year now.... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jan 16, 2022

You should consult with an attorney because that's a complicated question.

Arizona is generally a 50-50 state, and Arizona generally only goes away from 50-50 if there's some sort of safety concern with one of the parents or it's not logistically possible to do equal...
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1 Answer | Asked in Criminal Law and Military Law for Florida on
Q: No Prior Criminal Record a Disabled Veteran with PTSD and Mild TBI served in Combat after september 11. Honorable

Charged with F2 Laviscious battery in Florida. Met person in an adult website that promised is only adults within their regulations. Person faked age and mother pursuing for this veteran to be charged. I did not know.

Henry George Ferro
Henry George Ferro
answered on Jan 4, 2022

First thing for you to do is to hire a competent and aggressive criminal trial lawyer...and refrain from discussing the facts of this case on the internet...These charges are extremely serious and you are facing severe consequences if convicted. My former partner, Bruce Lehr, is a very effective... Read more »

1 Answer | Asked in Criminal Law, Admiralty / Maritime and Military Law for Missouri on
Q: Where do I file a compulsory counterclaim against the administrator who is acting like he is a judge and injured me
Tim Akpinar
Tim Akpinar
answered on Dec 13, 2021

This is posted under Admiralty/Maritime, which often involves federal practice. Under the Federal Rules of Civil Procedure, compulsory counterclaims are governed by Rule 13 of FRCP. But it isn't fully clear what the matter involves, due to the spread of categories included. I can't speak... Read more »

2 Answers | Asked in Divorce and Military Law for Georgia on
Q: I retained a lawyer two years ago and nothing has been done. I paid a deposit and have yet to receive help. Help!?

I paid a retainer and have spoke to 4 different paralegals in two years. Nothing has been done other than a few questions last year. I have not paid my balance because she never did anything initially. It's a case of fraud from a divorce by publication.

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Dec 13, 2021

You can always decide to fire your attorney, ask for a refund of any unearned fees and hire someone else to finish your case.

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1 Answer | Asked in Military Law on
Q: Request enquiries US Army and Military Law. I need legal advice about support US Soldier.

Request enquiries US Army and Military Law.

I need legal advice about support US Soldier.

The problem: I am civilian and not in Army.

US Army Ranger. brigadier general.

He currently in Iraq. Baghdad.

US Soldier have Dominant and controlling. anger issues.... Read more »

Gregory M. Rada
PREMIUM
Gregory M. Rada
answered on Dec 12, 2021

It’s a scam. Stop paying him.

1 Answer | Asked in Criminal Law, Federal Crimes and Military Law for Illinois on
Q: my and my roomate was served a search warrent and charged together,roomamte took all charges ,shouldnt mine be dismissed

i was jailed when i did not answer the questions being asked while detained,and i did not see the warrant til i was bonded out 10 days later,also wasnt given a copy of the seisure list of items they took as evidence from my home,mine and mine alone is the only name on the lease and i wasnt home... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 4, 2021

Thank you for your excellent description of the origins of the pending criminal case. Even if you feel your criminal charges against you should be dismissed, that could be done only during a court hearing or by the assigned local prosecutor. Also, as you may know by now, the criminal case of that... Read more »

1 Answer | Asked in Gov & Administrative Law and Military Law for Texas on
Q: Can I sue my former university for charging me out of state tuition due to the military moving me in highschool?

I applied to a texas colllege and when applying I informed the school that I considered myself a texas resident because I spent my freshmen, sophmore, and half of my senior year at a texas highschool and graduated from said school. I only spent my junior year and half of my senior year in new... Read more »

Teri A. Walter
Teri A. Walter
answered on Nov 30, 2021

There are rules that govern when in-state and out of state tuition should be charged. (When I was in school, after being employed in Texas for a year, I qualified for in-state tuition - so I paid out of state tuition for only the first year, and then switched to in-state tuition.) Here's a... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Military Law and Municipal Law for New York on
Q: I am active duty station at Fort Drum. Do I have to report to jusry duty in Mississippi?

I am active duty Army station at Fort Drum, New York. My residence is back in Carriere, MS on the Hancock County side. Is there any exemptment for soldiers stationed away from home? If so, what will I need to do to let the court know?

Tim Akpinar
Tim Akpinar
answered on Oct 9, 2021

There are military law attorneys on this forum who have experience with such matters, and they could answer best. But your post remains open for a day, and it is probably best to take some form of action without further delay. You could show the notice to your commanding officer and request their... Read more »

1 Answer | Asked in Military Law for Texas on
Q: I feel like I was wrongly denied the $100,000 Lang disability benefit, do I have any recourse legally

I am a former LANG guardsmen who deployed with the LA guard and was awarded by the VA 100% permanent and total disability for PTSD arising from my deployment and I was denied the $100,000 benefit.. what can I do to follow up about this?

Gregory M. Rada
PREMIUM
Gregory M. Rada
answered on Sep 27, 2021

I recommend contacting a lawyer that handles VA disability appeals. I assume you are seeking an earlier effective date for your 100% P&T disability, but it is unclear from your question.

1 Answer | Asked in Immigration Law and Military Law for Nevada on
Q: Can someone get their parents their papers even if they have been discharged from the military.

The papers have already been sent to D.C. for processing so they can get their citizenship. This started because of the enlistment into the military and the constant talk with a lawyer. But if the person is discharged, can they still get their parents their papers?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 13, 2021

Possibly, based on one's military discharge status and other factors. You indicated the parents do have a licensed immigration counsel which should be the best legal route as that professional should be intimately familiar with the case fine, correspondence, case filing and evidentiary case support.

1 Answer | Asked in Personal Injury and Military Law for Texas on
Q: VA FTCA Over Two Years Old

Want to sue

Randy Sorrels
PREMIUM
Randy Sorrels
answered on Jul 31, 2021

If you are an adult, it is difficult to pursue a medical malpractice claim against the VA that is over two years old. There are some very, very limited exceptions. But for the most part, you cannot win the case based on time issues.

1 Answer | Asked in Personal Injury, Products Liability, Government Contracts and Military Law for Kansas on
Q: Yes I have a question about my case Kolbek v. 3m company. Case number 7:2021cv9491. Filed March 5th 2021 the judges nam

M. Casey Rogers in result of the 3 M earplugs lawsuit personal injury. Product liability. So I have not heard a word on this issue and my tinnitus is getting worse with partial hearing loss.

Tim Akpinar
Tim Akpinar
answered on Jul 6, 2021

A Kansas attorney could advise best, but your post remains open for two weeks. I'm sorry for the suffering you're experiencing. If you're represented by counsel here, they would be in the best position to answer. Without knowing the particulars of your case, a general feature of many... Read more »

2 Answers | Asked in Criminal Law, Estate Planning, Military Law and Real Estate Law for Louisiana on
Q: i need an attorney that deals with veteran estate fraud. i was not notified of my grandfather death. it was almost 8 y

he was not given proper burial and he has lot of property in diff. states.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jul 4, 2021

Attorneys in this forum are not allowed to respond to you to indicate their availability. They can only answer questions of a general nature. Click on "Find a Lawyer" above and look for a probate attorney in your area. You must initiate contact.

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1 Answer | Asked in Family Law, Adoption, Child Custody and Military Law for North Carolina on
Q: Can I? And how fast can I adopt my younger brother?

I am in the military, and I want to adop my 15 year old brother. He lives with my stepfather and my mother lives in mexIco. I’m stationed in NC and my brother lives in California. How can I adopt him so I could bring him to live with me.

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on Jun 19, 2021

The adoption process is a state law issue and if he currently lives in California then you will need to speak with a family law attorney there. Adoption may not even be necessary, depending on the purpose of the adoption. You may able to just have a custody order. You should also research what... Read more »

1 Answer | Asked in Military Law for North Carolina on
Q: I have a question regarding Tennessee national guard

How the state handles issue with the national guard.

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on Jun 10, 2021

Unfortunately your question is not clear. What issues do you want to know how the state handles? You mentioned the TN National Guard but it appears you live in NC. Which state are you referring to?

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