Georgia Military Law Questions & Answers

Q: Yes I’m under 21 and I’m a national guardsmen but I would like to buy a pistol in Ga can I do that?

1 Answer | Asked in Criminal Law, Gov & Administrative Law, Military Law and Probate for Georgia on
Answered on Jan 22, 2019
David Edward Boyle's answer
If you cannot lawfully possess the gun in your home state I would not recommend that you do so.

Q: I'm pregnant, how soon can I start the process with DCSS?

2 Answers | Asked in Family Law, Child Custody, Child Support and Military Law for Georgia on
Answered on Oct 5, 2018
Regina Irene Edwards' answer
You can file for child support as soon as the baby is born. He will likely be ordered to provide health insurance as well as child support.

Q: How should I handle the following military matter?

1 Answer | Asked in Collections, Gov & Administrative Law and Military Law for Georgia on
Answered on Jul 10, 2018
Angelina Bradley's answer
There are too many specifics in your case that aren't provided here in your question, and I"m sure more nuances will arise. I'd head down to talk to your local Area Defense Counsel or Defense Service Office for a free consultation. They'll be able to help walk you through this.

Q: Can my friend’s Medical retirement benefits be taken away for fraternization while he was in the Army?

1 Answer | Asked in Military Law for Georgia on
Answered on Apr 7, 2018
Patrick Korody's answer
Technically, yes. If you are receiving pay, including retired pay, you can be recalled to active duty to be court-martialed for crimes, including fraternization, that occurred on active duty and are still within the statute of limitations (5 years for Art 92 violations).

Realistically the Secretary of the Army is not going to recall anyone over fraternization allegations.

Q: My husband just medically retired from the Army after 10 years. We were married the entire time. Will I get spouse supp.

2 Answers | Asked in Divorce, Child Support and Military Law for Georgia on
Answered on Apr 4, 2018
Regina Irene Edwards' answer
I'm not sure what you are asking. You aren't going to get any payments while married. If you are asking if you divorce will you get a portion of his monthly payments, the answer is it depends. It can be considered income for child support purposes.

Q: Will judge grant emergency guardianship so that Custodial parent can enlist in the military? NCP is unfit.

1 Answer | Asked in Family Law and Military Law for Georgia on
Answered on Mar 28, 2018
P. Justin Thrailkill's answer
He is entitled to service and the opportunity to object, but if he is not legitimized his objection does not carry the same standing as if he was. Also, this is not an emergency. You need to simply file the petition, and your consent, and let the court schedule a hearing.

Q: Where do i go to get documents saying i don’t have full custody of my kids. Trying to join the military

1 Answer | Asked in Child Custody and Military Law for Georgia on
Answered on Jan 26, 2018
P. Justin Thrailkill's answer
They are looking for your court order from a divorce or legitimation action. If you don't have that then you either don't have rights to your kids or you are married.

Q: Married 25 yrs to retired military man. He had 2 children out of wedlock. How long can I file for seperation/divorce.?

1 Answer | Asked in Family Law, Military Law and Divorce for Georgia on
Answered on Nov 25, 2017
Ellaretha Coleman's answer
There is no waiting period for divorces in Georgia, so there is no required period of separation before you can file for divorce. Based on your years of marriage, and his years of military service, you may be entitled to a portion of his military retirement. you should consult with a family law attorney to discuss your options.

Q: Military wife with 2 kids outside my marriage while husband in Irag. Husband still supports us but is not in the home

1 Answer | Asked in Child Support, Family Law and Military Law for Georgia on
Answered on Nov 21, 2017
Ellaretha Coleman's answer
No, you can not double dip. Your husband can contest paternity in the divorce action.

Q: Would use of military recruit traing Discipline fall under child abuse for mental and physical

1 Answer | Asked in Criminal Law and Military Law for Georgia on
Answered on Aug 10, 2017
William Head's answer
Never heard of that, since the military does not take children. Plus, the contract for joining the armed services MAY protect the government. Additionally, the concept of sovereign immunity also gives the government protection from being sued.

Q: I'm being discharged with a 5-17. I signed my packet last monday. It was sent off the following day. How long do I have

1 Answer | Asked in Military Law for Georgia on
Answered on May 21, 2017
Robert Donald Gifford II's answer
That's probably an average time, but actions may be delayed if a commander is out or it has not gone through a legal review.

Q: How can I force my ex spouse to appear in court?

1 Answer | Asked in Divorce, Real Estate Law, Child Custody and Military Law for Georgia on
Answered on Apr 28, 2017
Robert Donald Gifford II's answer
You may need to go to where she is and file in that jurisdiction. Courts mostly look to where the child is at for the purposes of the proper venue. That will be the surest way to get things moving and done. The downside to this is the expense. In some jurisdictions, you can ask for attorney's fees based on misconduct of the other side - but that may vary from state to state (and from judge to judge).

Q: How long does a Chapter 5-17 with more than 180 days in basic training take to be complete after sending the packet off?

1 Answer | Asked in Employment Law, Personal Injury and Military Law for Georgia on
Answered on Apr 3, 2017
Robert Donald Gifford II's answer
Two weeks would be on the quicker end of things, but 4-6 weeks is pretty normal with all of the reviews it has to go through.

Q: We are married now and are eligibleFor housing, what do we need to show for this?

1 Answer | Asked in Real Estate Law, Military Law and Public Benefits for Georgia on
Answered on Feb 21, 2017
Patrick Korody's answer
This is a state law question - you should go see the base legal assistance office or the base housing office. Generally, you need a letter on official letter head that meets the requirements of state law.

Q: Will the Army recognize a new marriage if you get divorced and if so do they have a waiting period?

1 Answer | Asked in Divorce, Family Law and Military Law for Georgia on
Answered on Feb 13, 2017
Patrick Korody's answer
There is no waiting period - you do, however, have to provide proof of the divorce in a timely fashion to your personnel folks so that they can adjust the dependents.

On another note, quick marriages often raise suspicions by military chains of command.

Q: Hi Ive been recommended to get chaptered out of the army with a chapter 14 and I'm in ait but I do not want to leave

1 Answer | Asked in Military Law for Georgia on
Answered on Feb 6, 2017
Patrick Korody's answer
You need to speak to a lawyer. Hire a civilian if you cannot find a military defense counsel to assist you. You need to have an advocate communicate with your chain of command and/or draft a strong rebuttal statement if you are not eligible for an adsep board.

Q: If you been sentence on probation and no contact order. Can u marry vitim n go to army with her when probation is up

1 Answer | Asked in Criminal Law and Military Law for Georgia on
Answered on Nov 2, 2015
Robert Jason De Groot's answer
Probably, or you could move to have the no contact order modified to a no violent contact order perhaps.

Q: I am in the army and today during room checks my sergeant through several items of mine onto

1 Answer | Asked in Military Law for Georgia on
Answered on Apr 2, 2015
Philip D. Cave's answer
You could file a complaint under Article 139, UCMJ, for damage to the property.

See here. https://www.law.cornell.edu/uscode/text/10/939

The complaint should be addressed to the CO and in writing, explaining in detail what happened and the cost of replacement.

If the CO fails to deal with the complaint, you can submit an IG complaint against the CO and the SGT.

Q: My company is about to make its first million. Can I get out of the Army earlier so I can put in more time and effort?

1 Answer | Asked in Military Law for Georgia on
Answered on Apr 1, 2015
Philip D. Cave's answer
No. You do not have the kind of reason that would warrant an early termination of your contract. Early outs are for hardship, or as another example to go to school if you are within a few months of your EAS.

Q: Hello I have a few questions. It is authorized to use your military email account to conduct personal business?

2 Answers | Asked in Military Law for Georgia on
Answered on Mar 17, 2015
Michael David Birchmore's answer
You should probably ask your CO or contact your local JAG office for an answer. Generally, most lawyers are going to strongly urge people to NOT use their occupational email account(s) to convey personal non job related communications. You can probably guess why.

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