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Florida Military Law Questions & Answers
1 Answer | Asked in Child Custody, Child Support, Family Law and Military Law for Florida on
Q: I got a girl pregnant and since I don’t want to be with her she is taking military orders to Japan.

We are both military she is Air Force. I am army national guard on a deployment. She is not going to allow me in the kids life and is going to send me court docs requesting protection. No domestic violence has occurred.

Rand Scott Lieber
Rand Scott Lieber answered on May 19, 2022

In Florida, if you want to assert your rights you would need to file a petition for paternity. In Florida if you take no action the mother will have full legal custody and control of the child. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Consumer Law, Contracts, Banking and Military Law for Florida on
Q: I believe my car has been wrongfully repossessed, what should I do?

I am active duty member currently on deployment but coming home soon. Back in January my car got impounded for expired tags. I talked to the impound lot and explained the situation and they said they would hold my car till I got back from deployment. Now right when I am about to come home I found... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Apr 7, 2022

You are protected by the Servicemembers' Civil Relief Act, which protects military personnel from certain actions while deployed. You should contact the bank and assert the repossession was improper under the Act, especially since you were not past due and had made arrangements for you... Read more »

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...
Read more »

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 Military Law, Adoption and Child Custody for Florida on
Q: My wife is a disabled veteran and has 9 year old daughter. We are looking to try for me to adopt her

The father has not been in her life since she was 1, and has had no contact nor attempted to contact her. I understand that these kind of adoption can cost quite a bit, and given my wife's disability, we don't have that kind of extra money. So I'm asking if there are any pro bono... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 11, 2021

You can actually do this without an attorney if you are unable to locate a pro bono attorney. Here is the link to the forms from the Florida Courts website:... Read more »

1 Answer | Asked in Products Liability and Military Law for Florida on
Q: I am a living parent of a veteran that was heavily exposed to Agent Orange on Vietnam he has 4 other children who was or

He was named in a class action suit that was settled after he died and at the time all the children were minors and we never married. How can they find out what happened to this money that they should be entitled too.

Tim Akpinar
Tim Akpinar answered on Aug 18, 2020

I'm very sorry for your loss and your family's loss. This is something that the military law attorneys or veteran's benefit's attorneys here would know the most about. But you await a response for two weeks. There is a nonprofit organization that deals with veteran's rights... Read more »

1 Answer | Asked in Criminal Law and Military Law for Florida on
Q: I am on probation and I'm trying to get off to join the military. I have early term and withhold of adjudication.

I've served 2 of 6 years and I'm 20 years old and I've met all of the conditions except the restitution. Is it possible to get off to join the military?

Leonard Louis Cagan
Leonard Louis Cagan answered on Aug 7, 2020

Typically restitution is one of the most important conditions of probation. This of course depends on the type of charge and restitution amount involved. Some judges might be willing to convert restitution to a lien based on a Motion requesting the judge to do so. In my experience most judges will... Read more »

2 Answers | Asked in Divorce, Family Law and Military Law for Florida on
Q: What can my girlfriend do if her husband doesn’t want to get a divorce and he is blackmailing her to stay with him?

My girlfriend is being blacked mailed by her husband and threatening her that he will ruin her career and take everything away from her if she divorces him. He verbally and emotionally abused her. He uses religion to shame her and family as well. He has emails, text messages and pictures of us and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 29, 2020

Get her an attorney.

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1 Answer | Asked in Federal Crimes and Military Law for Florida on
Q: Military BCD and felony joy riding, 40yrs ago, wanting my gun rights restored. Clean since then, Any Chance?

Volunteered for duty with the understanding I would get diesel school after Basic training, got then told after basic, when I was stationed I got told then I didn't have it in writing so I was out of luck. Young and dumb, I would show them I went AWOL, then didn't honor their end , I told... Read more »

R. Davis Younts
R. Davis Younts answered on May 15, 2020

Good Morning,

It is possible to address these issues. You can apply for a discharge upgrade as well as have certain information removed from your record. Their are a lot of variables that you should discuss with an attorney that is experienced in dealing with these issues. I have had...
Read more »

1 Answer | Asked in Criminal Law and Military Law for Florida on
Q: I’m trying to get into the military and 2 felonies are keeping me from it. I wanted to know even though my case is done

can I have them dropped to misdemeanors, if not what can I do?

Jonathan Blecher
Jonathan Blecher answered on Jan 22, 2020

Possibly. You’ll need a good lawyer to make it happen for you and the backing of a recruiter

1 Answer | Asked in Family Law and Military Law for Florida on
Q: Can a married military member file CS on their spouse who’s also a military member. Wife lives in AL, husband in FL?

They are still married, neither has filed for legal separation or divorce. They have 2 kids wife is Army, husband is Airforce.. wife is stationed in Enterprise Alabama but filed from Montgomery county. Husband stationed in Florida. the father pays half of daycare and provides extra money for food,... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Dec 19, 2019

Child support can always be requested, even if the parents are still married. But it sounds like the jurisdiction on this case may be incorrect as child support must be filed where the paying parent lives, not where the children live. An attorney should be consulted to see if the case can be... Read more »

1 Answer | Asked in Military Law for Florida on
Q: I was married for 14 years with a military man, I allowed to have part of his retirement?

He when to Dominican Rep and put the divorce there and he doesn't add anything on the divorce paper, Im allowed to have some of his retirement?

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 15, 2019

You probably need to seek a modification of the DR divorce decree. For that you will need to consult an attorney in the Dominican Republic.

1 Answer | Asked in Criminal Law, Civil Rights and Military Law for Florida on
Q: How can I be sure if neighbors are taking video of my where abouts and or inside my apt And on my job

I feel my Google accnt.Has fallen into the wrong hands, and how legal is to use military tactics on a person, such as extracting info while sleeping,

Kevin John Mawn
Kevin John Mawn answered on Sep 12, 2018

Hire an expert to scan your home for video equipment.

2 Answers | Asked in Foreclosure, Civil Litigation, Military Law and Small Claims for Florida on
Q: Hi, I bought a condominium apartment after my husband passed in Afghanistan.

Hi, I bought a condominium apartment after my husband passed in Afghanistan. He was in the Army... I had unexpected events that caused me to fall behind on the maintenance fees. I could not afford a lawyer when the lawsuit was filed against me. Now, the judge has issued a by sale date set in April.... Read more »

Andy Wayne Williamson
Andy Wayne Williamson answered on Jan 10, 2018

First step is to consult with a Foreclosure defense attorney from the county where the condo is located.

The attorney needs to review the Foreclosure paperwork. Then he or she can give you options on what can be done.

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1 Answer | Asked in Immigration Law and Military Law for Florida on
Q: Will my naturalization be denied due to breaking the law when I was under 18? Can I reapply if I join the military?

I have recently applied for naturalization and have been a green card holder for 11 years. When I was 14 I was caught shoplifting and did a diversion program which led to my charges to be dismissed. When I was 16 I was falsely arrested for battery on a police officer which is a felony. We fought... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Sep 25, 2017

Thank you for your question.

You need to consult with an immigration attorney, but it sounds like the charges were dropped. Without knowing all the details in the case, however, it is really hard to tell what the impact on your application would be. It is likely that it would have none,...
Read more »

1 Answer | Asked in Criminal Law and Military Law for Florida on
Q: Can I join the military?

I am a 17 year old male on a felony probation for lead molestation (not a registered sex offender). I get off probation at the age of 19 and my felony clears at the age of 24.

Richard Hornsby
Richard Hornsby answered on Jul 18, 2017

It would be up to the military branch you are seeking to join. Candidly, I think you would have difficulty joining.

1 Answer | Asked in Military Law for Florida on
Q: An Air Force Airman had injunctions denied by a judge falsely accusing me of harassment & tried to get me fired.

Had a relationship with an Airman. When I couldn't move fast enough for her she married some1 else. When I told her that I wanted to move up w/her she stopped comm. Tried to communicate with her and she accused me of harassing her. I was questioned and when she saw my statement she reconnected... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 5, 2017

It appears that her efforts to get you in trouble with the authorities, and to get you fired, did not work. So what is your question

1 Answer | Asked in Military Law and Health Care Law for Florida on
Q: Boyfriend misdiagnosed with autism as a young child wants to join military, any way to remove diagnosis from records?

He was misdiagnosed when he was 13, and was really only diagnosed so his family could receive the scholarships. Unfortunately, this disqualifies him from the military, which has been his dream all his life. The doctor who misdiagnosed him is most likely not practicing anymore, and it would be... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 2, 2017

What he needs, in my opinion, is a letter from a doctor, preferably a specialist in the field of autism, to the effect that the previous diagnosis was erroneous, and hopefully explaining why.

1 Answer | Asked in Military Law for Florida on
Q: MILITARY / UCMJ QUESTION If a sailor is found guilty of a charge in a general court martial, and handed a NO punishment

sentence by jurors that had the option to reduce rank and/or take away frocking... Is NAVPERS (without referral or request by sailor's command) authorized to withhold advancement in respects to rank?

Incident occurred & investigation in 2009 when Sailor was E6

Frocked to E7... Read more »

Keith Petrochko
Keith Petrochko answered on Feb 28, 2016

Military attorneys generally do not participate on this website. I suggest you contact your local JAG office as soon as possible.

1 Answer | Asked in Collections, Consumer Law and Military Law for Florida on
Q: Bought car, previous owner has yet to get me the title after 7 months. Car tags are expired and needs to be registered

Myself and the previous owner are both currently active duty in the Navy. He transferred to Japan soon after the car loan was placed under my name. I am supposed to transfer in December myself and I cannot receive travel pay until I give my car tag numbers in my transfer package. The tags that are... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Oct 15, 2015

Hire a private attorney and file a lawsuit.

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