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Military Law Questions & Answers
2 Answers | Asked in Child Custody, Divorce, Family Law and Military Law for North Carolina on
Q: What state has custody jurisdiction if the mother moved the child to NY and father who is active military lives in NC?

We all lived in NC together... Wife/Mother of our child had an affair, openly admitted to it. She is pursing a relationship with the person she had an affair with, making arrangements to live together etc...

My wife moved our daughter out of state to NY and is not allowing me to see her.... Read more »

Adam Bull
Adam Bull answered on Nov 5, 2019

There are specific rules on this. You need to file suit in NC immediately and based on what you represented you should have grounds for emergency custody. The uniform child custody jurisdiction act controls in this situation and as long as she has not been gone for more than 6 months, the Court... Read more »

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1 Answer | Asked in Military Law and Immigration Law on
Q: I want to attend to my sons military basic train in Texas this coming December , how can I travel my GC is not aprov

I applied I-131 with my green card applications last April 29,2019.

How can I expedite the process .can I use my sons graduation as my reason to go?

Sheri A Benchetrit
Sheri A Benchetrit answered on Nov 4, 2019

You can travel inside of the United States while you are waiting for your green card to be approved. You do not need an I 131 travel authorization. The I 131 (in your case advanced parole) allows you to travel outside of the U.S. and re-enter while the process is ongoing. Since Texas is inside... Read more »

2 Answers | Asked in Criminal Law and Military Law for California on
Q: Active duty member. I was called into osi for the suspicion of violating 112 of the ucmj

It was 112A. However I have not been charged with anything, I did not answer questions,. I did not fail a UA, was not asked to take one and have not been removed from my job that I work at, at a secure site even after my commander was told and upon his request said I should still stay at my job.... Read more »

Louis George Fazzi
Louis George Fazzi answered on Oct 29, 2019

No lawyer has a crystal ball to predict what your governing authority might be thinking. If you were not caught carrying, under the influence, or anything else consistent with being under the influence of a controlled substance described in § 112a, and since you were not arrested and charged with... Read more »

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1 Answer | Asked in Family Law, Child Custody and Military Law for Arizona on
Q: What rights do I have to keep and maintain my children's military dependent ID cards?

My ex is no longer active duty due to medical issue & works on base as a civilian maintaining his military benefits & ID for both of our children age 14 & 15. Through him, our children have TriCare Insurance & their doctor is on base. I have court orders granting me full primary physical custody... Read more »

Mike Branum
Mike Branum answered on Oct 24, 2019

Is there any reason you could not get duplicate identification cards? I would go to where the ID cards are issued, explain that your ex-husband is infantile, and request they make duplicates to eliminate one source of your ex's tantrums.

If option A is not possible, you might ask the...
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1 Answer | Asked in Civil Rights and Military Law for California on
Q: D/C'd Honorably from Navy in 1986 after confessing to ships chaplain that I was gay. Time served: 8/1985 - 6/1986.

Requested an undeleted DD-214 form for veteran benefits for school. Am I a "veteran?"

Louis George Fazzi
Louis George Fazzi answered on Oct 18, 2019

Yes, you are a veteran. You should visit the VA's website (https://www.va.gov) to determine what, if any, benefits to which you may be entitled. Thank you for your service.

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 Personal Injury and Military Law for California on
Q: What kind of a lawyer should I get to sue the California Labor Board for gross mishandling of my complaint?
Dale S. Gribow
Dale S. Gribow answered on Oct 15, 2019

more info needed.

probably a labor/employment law litigator.

my concern is whether they would do it on a contingency or hourly............i suspect hourly.

the issue may be damages

1 Answer | Asked in Military Law for Arkansas on
Q: Does the misdemeanor Possession of sexually explicit digital material disqualifies me from military
Paul E. Tennison
Paul E. Tennison answered on Oct 4, 2019

Speak with a recruiter. They understand what will disqualify you from military service and what will not. These requirements change overtime and sometimes they can secure waivers to allow enlistments that would otherwise not be allowed. Good luck.

1 Answer | Asked in Military Law for North Carolina on
Q: Are there any lawyers available to that deal with military law

I'm a overseas contractor and my unit is forcing me to quit my current job.

Tim Akpinar
Tim Akpinar answered on Oct 3, 2019

You could search for lawyers on this site under that category. You could conduct your own independent search, or you could check with the North Carolina Bar Association whether they have lawyer referral resources in that area. Good luck

Tim Akpinar

1 Answer | Asked in Military Law for Illinois on
Q: In search of a military lawyer
Tim Akpinar
Tim Akpinar answered on Oct 1, 2019

There are military lawyers on this site. You could use the Find-a-Lawyer tab above, you could conduct your own independent searches, or you could contact the Illinois State Bar Association to see if they have any resources that might be helpful. Good luck

Tim Akpinar

1 Answer | Asked in Civil Rights and Military Law for Ohio on
Q: Do the statue of limitations apply for wrongful demotion E4 to E1 while on bedrest for pregnancy and dr’s notes proof?

I was in the National Guard 2008-2011, during 2010 I was pregnant with my first child, and put on bedrest, first sgt was real difficult about it and would harass me. 2011 I unexpectedly got pregnant again and was on bed rest. I sent in my doctors notes and received nothing after, until after her... Read more »

Matthew Williams
Matthew Williams answered on Sep 24, 2019

If the statute of limitations has passed, your chances are poor to none. You should sit down with a lawyer and go through it. But the SOLs are pretty serious and there are few ways around them.

1 Answer | Asked in Military Law, Contracts and Business Law for New Jersey on
Q: Can I terminate a lease agreement if I am called on military orders (title 32) in the state of NJ?

Can I terminate a lease agreement if I am called on military orders (title 32) in the state of NJ?

Paul J. Riviere
Paul J. Riviere answered on Sep 19, 2019

If you have orders for either a PCS or a deployment longer than 90 days federal law, will let you terminate your lease. If this is the case just let your landlord know as soon as you can.

1 Answer | Asked in Military Law and Criminal Law on
Q: What is the procedure to file a case against Military Personnel who have broken a military law?

For a test.please be detailed

Gary Kollin
Gary Kollin answered on Aug 18, 2019

This sounds like a violation of the HOnor Code.

You are required to do the work, not asking someone else to do the work for you.

This is a public forum. I hope your instructor is not reading this

1 Answer | Asked in Divorce, Family Law and Military Law for Georgia on
Q: Could VA disability be deducted if child support isn’t being paid?
Homer P Jordan IV
Homer P Jordan IV answered on Aug 12, 2019

There are some particular cases where they can garnish for child support payments, but it depends on the factors involved in the case. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

1 Answer | Asked in Divorce, Domestic Violence and Military Law for Louisiana on
Q: Which Louisiana civil code petition allows me to divorce an active duty soldier?

I have been granted a domestic violence protection order that allows me to file for immediate divorce but I cannot find the correct petition. La Civ. Code 103 states the spouse cannot be an active duty member, and that’s the same petition every attorney hands me.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 5, 2019

If your spouse consents, you can divorce now. But if your spouse does not consent, you have to wait until 60 days after discharge. That's why you can't find a "form".

1 Answer | Asked in Child Support, Divorce and Military Law for Illinois on
Q: What can i do about my outrageous child support amount? i left the military and i tried to change the amount.

The case was originated in hawaii. I was discharged from the military back in june of last year. My child support was calculated off of my income, in which i am no longer making near the amount. I literally cannot pay my bills. I sent in a modification request, although now im receiving threats... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Aug 2, 2019

It sounds likes you need a lawyer in Hawaii to file a motion to modify child support based on your change in income.

1 Answer | Asked in Adoption, Family Law and Military Law for Indiana on
Q: What has to be done to get out of a military contract prior to going to naval academy.

My brother in-law just turned 18 and is about to go to naval academy. The thing is he never wanted to be in the military. Both he and my wife lived in an abusive adopted household and he was forced to enlist. He only just turned 18 and finally moved out, he is willing to do all most anything, even... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Aug 1, 2019

Based on the information provided in your question he would have to contact the school if he is to attend college, if he has an enlistment contract he would have to talk to the recruiter who signed him up to try and void it. If her can't by the time he is supposed to leave I would advise him to... Read more »

1 Answer | Asked in Criminal Law and Military Law for Indiana on
Q: Been wanting to join the army but i have a level 6 felony the lowest of felonies that i pleaded to a lesser charge

How can i get a waiver to enlist

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jul 30, 2019

Based on the information contained in your question it would be up to a recruiter to apply for the waiver to enlist, nothing really an attorney can do for you.

1 Answer | Asked in Criminal Law, Health Care Law, Juvenile Law and Military Law for Iowa on
Q: 14yo boy steals military explosives and tells therapist in Iowa. Does therapist tell? What's her duty?

This is a question for a test (not real life)

Peter D. Mlynek
Peter D. Mlynek answered on Jul 19, 2019

This is a classic test question that has to do with the balance of privacy of patients vs the protection of property/health/life.

To answer this question, see Tarasoff. https://en.wikipedia.org/wiki/Tarasoff_v._Regents_of_the_University_of_California .

I think that the therapist...
Read more »

1 Answer | Asked in Military Law for Mississippi on
Q: Can a convicted felon, who is married to a retired veteran, live in off-base military housing open to the public?
Paul E. Tennison
Paul E. Tennison answered on Jul 17, 2019

Yes, unless there is a specific law that would prohibit such conduct. I am unaware of a law that limits who may live in off-base military housing. This may be an issue where the rules and regulations set by the post commander may apply.

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