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Military Law Questions & Answers
0 Answers | Asked in Constitutional Law, International Law and Military Law for Hawaii on
Q: Does the political question doctrine apply in Article II courts outside of US territory?

Please look at the ongoing Hawaiian Kingdom v. Biden case for more context.

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 »

Sabra M. Janko
Sabra M. Janko answered on Jan 16, 2022

Courts determine who should have primary custody of a child by applying a number of best interests factors. The fact that you and he have been caring for the child for a year weighs in your favor. There is no clearcut answer as to whether military service impacts a child custody analysis. It... Read more »

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0 Answers | Asked in Military Law on
Q: Does an improperly filled out, unsigned NAVMV 10132 in your OMPF count as an official NJP? Can form be used as notepad

It appears the unit used Unit Punishment Book pages (designed for recording NJPs) as a “notebook” to pad the OMPF with bad paper

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 »

0 Answers | Asked in Employment Law, Business Law, Gov & Administrative Law and Military Law for Alabama on
Q: Question About State Defense Force/ State Guard Rights (If Any) To Military Leave Across State Lines

I have a question that I hope you can help me clarify. I live and work in Alabama, which does not currently have an active SDF (state defense force). If I join the Mississippi State Guard (their SDF) will Mississippi's laws for requiring employers to allow members to take military leave for... Read more »

0 Answers | Asked in Divorce, Federal Crimes, Military Law and Patents (Intellectual Property) for Arizona on
Q: Are you familiar with abuse snd psychological attacks using remote neural monitoring?

I am being abused I believe by the attackers using this technique and need representation. Are you familiar with any of this. This is insidious and constant abuse. It is very hard to find the remote attackers and even more difficult to get the torture to stop. The FBI often need to get involved.

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
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
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
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
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.

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
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 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 »

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
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 »

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