Military Law Questions & Answers by State

Military Law Questions & Answers

Q: Military Dad ask mom to sign custody so he can receive financial benefits of BAH money. Can mom restore custody back?

1 Answer | Asked in Child Custody, Divorce, Family Law and Military Law for Oklahoma on
Answered on Dec 15, 2017

So much for trusting a guy who was trying to defraud the government! She will need to hire a lawyer, and file a Motion to Modify. Also probably write the Commanding Officer of his base and share all the details. Good luck.

Please visit my website www.garyjdean.com and Subscribe for updates on Oklahoma Law.
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Q: My violation is 5–23-308... Can I still serve in the Guard? Or purchase a firearm?

1 Answer | Asked in Criminal Law and Military Law for Arkansas on
Answered on Dec 1, 2017

You should be able to stay in the military. This is almost the lowest misdemeanor in Arkansas. You should be able to clear your record though depending on how long ago this charge was put on your record. I think you should contact an attorney and talk about this. Jim Hensley. Conway AR
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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 and Military Law for Georgia on
Answered on Nov 25, 2017

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.
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Q: If a military command turns over books of mine to civ law enforcement, how do I guarantee integrity and accountability?

1 Answer | Asked in Criminal Law and Military Law for Virginia on
Answered on Nov 25, 2017

I suggest you speak to a base JAG attorney where you are situated. This is not a situation where you want to go this alone.
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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

No, you can not double dip. Your husband can contest paternity in the divorce action.
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Q: Can I sue the Army for covering up the circumstances of my brother's suicide?

1 Answer | Asked in Federal Crimes, Military Law and Wrongful Death for Texas on
Answered on Oct 25, 2017

The estate would have a right to bring suit under the Federal Tort Claims Act. Contact a member of the Texas Trial Lawyers Assn who handles death cases involving the military. They give free consultations.
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Q: I was in the stockade for six months of hard labor,does this time served go on your record as AWOL?

1 Answer | Asked in Criminal Law and Military Law for New York on
Answered on Oct 10, 2017

If you were sentenced to the stockade for six months, then you weren't AWOL. Your duty was to be in the stockade.
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Q: Class C felony forgery keeping me from enlistment of military

3 Answers | Asked in Criminal Law and Military Law for Arkansas on
Answered on Sep 30, 2017

If you get a pardon from the governor you might be able to reenlist, otherwise you would need to do a writ of error coram nobis because it has been so long.

A writ of error coram nobis is available for addressing certain errors that are found in one of four categories:

(1) insanity at the time of trial,

(2) a coerced guilty plea,

(3) material evidence withheld by the

prosecutor (or other government actor), or (4) a third-party confession to the crime...
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Q: Bad Background check.

1 Answer | Asked in Insurance Bad Faith, Criminal Law and Military Law for Missouri on
Answered on Sep 28, 2017

The problem is that CID entered your arrest/subject in the investigation (called "titling") in DCII and NCIC, databases that track arrests. Your DNA was also put in CODIS. Getting your DNA taken out of CODIS is pretty easy. Getting your arrest out of DCII and NCIC is going to be difficult, but you can apply and all they can say is "no."

You may want to have an attorney make the application for you - generally, well-organized, concise arguments for removal have the best success rates....
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Q: Will my naturalization be denied due to breaking the law when I was under 18? Can I reapply if I join the military?

1 Answer | Asked in Immigration Law and Military Law for Florida on
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, because of the decision not to prosecute; however, depending on the circumstances, an adjudicator could determine that you have not shown yourself to be a person of good moral character for the five...
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Q: Custody issues in Michigan while father is in military

1 Answer | Asked in Child Custody, Child Support, Family Law and Military Law for Michigan on
Answered on Sep 24, 2017

Do you have a current custody order? Depending on what is really going on (I'm quite frankly astonished that a 5 year old could weigh 210 pounds), this could present substantial cause to warrant a custody change. If you don't have a custody order, you need to make that happen. Being in the military, you'll need a custody order to secure benefits and pay for your child.
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Q: As a widow of a 100% disabled veteran, I want to know my rights as my husband died without a will.

1 Answer | Asked in Military Law, Estate Planning and Probate for Texas on
Answered on Sep 19, 2017

Whether you need to go to court to probate your husband's estate in an heirship proceeding or can file an Affidavit of Small Estate (available on your county probate court's website or from the court) depends on what your husband left. In Texas if he left no debts other than those secured by real estate, a home, no more than $60,000 in household goods and personal effects and no more than an additional $75,000 (for example, in bank accounts), you can file an Affidavit of Small Estate for a...
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Q: Is parole in place for military families still available to apply for as of september 2017?

1 Answer | Asked in Immigration Law and Military Law for Oregon on
Answered on Sep 18, 2017

As long as he is on active duty, you can still apply for parole in place.
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Q: I am being accused of sexual assault in the Navy. I am currently being investigated and may face a court martial.

2 Answers | Asked in Criminal Law and Military Law for California on
Answered on Sep 16, 2017

Yes, your definitely should retain civilian counsel because you could be facing criminal charges "in town" if this alleged

assault occurred in the CONUS. You should not be answering any questions about the allegation before you have consulted with an attorney. And talk about the allegations with anyone.
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Q: Will a POA Delegation of Power from biological mother or a child granting guardianship to someone else transfer custody

1 Answer | Asked in Child Custody, Family Law and Military Law for Alabama on
Answered on Sep 16, 2017

Don't confuse child custody with a temporary guardianship. You can't transfer custody of a child from a parent to someone else without a divorce or child custody case. You can go to the Probate Court and establish guardianship wherein a parent gives another person the ability to care for a child while the parent is unable to. You can't draft a power of attorney -- or any other document which I suppose you got off the internet -- which will grant legal custody from a parent to some other person....
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Q: General Court Martial sentenced me. How can they then subject me to and admin board who issues a harsher sentence?

1 Answer | Asked in Military Law on
Answered on Sep 10, 2017

A conviction at GCM would likely be a "serious offense" for purposes of administrative separation. Since it is "administrative" vice "judicial" there is no double jeopardy. I agree with you - separation at an admin board seems unfair if you made it through a GCM without a punitive discharge. There are ways to win at an admin board after a conviction - hire a civilian lawyer or make sure your JAG has a strategy for the board.
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Q: What is the punishment for knowingly collecting bah for being married when the marriage is fraudulent in the Army?

1 Answer | Asked in Family Law and Military Law for New York on
Answered on Aug 23, 2017

This is a unique question - fraudulent marriages are normally marriages that, at the time the marriage occurred, were done with the intent to wrongfully obtain certain benefits, like BAH. It sounds like the marriage was legit and not for the purpose of stealing BAH, so the intent would be absent, thus no larceny of BAH. There may be a separate crimes such as false statements, but that would require an in-depth review of the case.
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Q: Pending Admin Sep, EAS in 9 days. Need Advice on what to do.

1 Answer | Asked in Military Law for North Carolina on
Answered on Aug 23, 2017

Yes - you cannot be involuntarily administratively separated after your EAOS absent a voluntary extension or agreement (like a separation in lieu of trial by court-martial). If you are not discharged at your EAOS, then you need a lawyer. if you were smart, you would have requested GCMCA review of your adsep to slow down the process. The could always prefer charges for court-martial and place you on legal hold.

Also, though there are requirements for separation, the 10 day letter is a...
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Q: Separated early to join reserves, never got orders for reserve unit, been a 5 years, can I still get my DD214?

1 Answer | Asked in Contracts and Military Law for Ohio on
Answered on Aug 18, 2017

Talk to the VA to try to find help. Check their web site.
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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

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.
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