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Military Law Questions & Answers
2 Answers | Asked in Car Accidents, Workers' Compensation, Military Law and Personal Injury for Louisiana on
Q: What options does an 87-year-old disabled veteran have after a car accident with an uninsured driver in Louisiana?

I am an 87-year-old disabled veteran who was injured in a car accident last week in New Orleans. The other driver involved is uninsured, and I have only minimum insurance that doesn't cover uninsured drivers. I reported the accident to my insurance company and was taken to the emergency room... View More

Ramez F. Shamieh
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Ramez F. Shamieh
answered on Oct 27, 2025

I’m sorry you’re going through this — being in pain and facing expenses after an accident like this is incredibly difficult, especially with limited insurance coverage. Here’s a clear, Louisiana-specific breakdown of your options for both medical bills and legal recovery:

⸻...
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2 Answers | Asked in Military Law, Immigration Law and Gov & Administrative Law for Idaho on
Q: How to obtain a birth certificate without current photo ID in Idaho?

I lost my identification documents in a fire, and I only have my DD214 and DD215. I need to obtain my birth certificate to get a state ID, but I don't have any current photo ID. Could a rent bill work as proof? My previous state ID expired long ago, and I don't have documentation for it.... View More

Remzi Guvenc Kulen
Remzi Guvenc Kulen
answered on Oct 18, 2025

In Idaho, you can request a certified birth certificate from the Idaho Bureau of Vital Records and Health Statistics, and they accept alternative identity proofs when photo ID is unavailable.

A rent bill alone is not sufficient, but you can use a combination of documents, such as:...
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3 Answers | Asked in Immigration Law and Military Law for Florida on
Q: Can enlisting in Florida National Guard help my mother get citizenship?

I am a U.S. citizen considering enlisting in the Florida National Guard next year. My mother, who entered the U.S. illegally, has a citizenship hearing in two years. She has already started the citizenship application process, and I am wondering if my enlistment might assist her in obtaining U.S.... View More

Remzi Guvenc Kulen
Remzi Guvenc Kulen
answered on Oct 10, 2025

Unfortunately, your enlistment in the National Guard does not directly grant immigration benefits to your mother.

However, there are limited situations where military family members may benefit:

The U.S. government can grant Parole in Place (PIP) for immediate relatives of...
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4 Answers | Asked in Medical Malpractice, Military Law and Personal Injury for California on
Q: Do I have a medical malpractice case for miscommunication of biopsy results?

I am active duty USMC. While stationed in MCAS Iwakuni, Japan in May 2023, a dentist discovered a mass on my tongue and scheduled a biopsy. I was never given the results and was told that if I didn't hear anything, it was probably nothing. There were no follow-ups or routine checks. The mass... View More

Tim Akpinar
Tim Akpinar
answered on Oct 8, 2025

I'm sorry for your ordeal. Yes, it is possible you have a case. You could discuss further with attorneys who have experience with applicable federal and military law involving such settings. If attorneys saw a claim they found viable to pursue, they would want to retrieve all records to review... View More

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2 Answers | Asked in Child Custody, Child Support, Military Law and Family Law for Virginia on
Q: Military father wants contact with son; mother withholding. What to do?

I am currently serving in the military and stationed in Texas. My estranged wife of one year, who is in Virginia, is not allowing me to speak to or know the whereabouts of our 9-month-old son. We have no custody agreements in place yet. She typically withholds contact when she is upset or... View More

Corrie Sirkin
Corrie Sirkin
answered on Sep 16, 2025

I am so sorry to hear this! In Virginia, both parents have equal legal rights to their child unless and until a court order says otherwise. That means your wife does not have the legal authority to unilaterally prevent you from having contact or knowledge of your son.

To establish and...
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2 Answers | Asked in Immigration Law and Military Law for New York on
Q: Can I apply for advanced parole while AOS is pending and travel outside the U.S.? (Military retiree with EWI spouse)

I am a U.S. citizen and military retiree seeking guidance on the immigration process for my spouse, who entered the U.S. without inspection (EWI). I have submitted the I-130 petition and the I-131 Military Parole in Place request. My understanding is to wait for the I-131 approval before filing the... View More

Remzi Guvenc Kulen
Remzi Guvenc Kulen
answered on Sep 6, 2025

Since your spouse entered without inspection (EWI), adjustment of status is not normally available unless Parole in Place (PIP) is granted.

If PIP is approved, then you may file I-485 and request advance parole.

If PIP is denied, and you instead pursue I-601A waiver and consular...
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2 Answers | Asked in Criminal Law, Military Law and Domestic Violence for Florida on
Q: Can I legally hunt in FL/GA with a domestic violence conviction from 1989?

In 1989, while divorcing my first wife, I pleaded no contest to a domestic violence charge. Since then, I have served in the military national guard and have no further criminal charges. I am considering hunting in Florida and Georgia using a crossbow or rifle. Am I legally allowed to hunt given my... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 27, 2025

IIf you want to use a firearm, it depends on whether the domestic violence charge was a felony. Because

Florida Statute 790.23 provides that "...

(1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm,...
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2 Answers | Asked in Divorce, Child Custody, Military Law and Family Law for Georgia on
Q: Can my military status affect child custody in Georgia?

I am active duty military in Georgia and considering divorce. My wife insists that because I might be deployed, the courts will grant her full custody of our children, leaving me with only visitation rights. We currently do not have any custody arrangements, and she does not want to share custody... View More

Regina Irene Edwards
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Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 3, 2025

There is no rule that says someone's military status means the other person automatically gets custody. There are multiple factors that the court considers in awarding custody.

Ocga 19-9-3

(3) In determining the best interests of the child, the judge may consider any relevant...
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4 Answers | Asked in Military Law and Personal Injury for California on
Q: How can I prove my family's health issues were caused by radiation from my father's Navy service?

I am seeking advice on proving a link between my father's Navy service, during which he received an Asiatic-Pacific Campaign Medal, and the health issues experienced by my family possibly due to radiation exposure. My brother died from acute leukemia, I had breast cancer, and my son was... View More

William John Light
William John Light
answered on Jun 28, 2025

I do not believe that the VA recognizes health conditions in family members as service-connected due to a veteran’s radiation exposure. Therefore, there is no established policy for compensating descendants for conditions like your breast cancer or your son’s brain tumor. Consult with an... View More

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2 Answers | Asked in Divorce, Child Support, Child Custody, Family Law and Military Law for Texas on
Q: Veteran seeking advice on disestablishing paternity and child support in TX

I am a veteran living in Houston, TX, previously honorably discharged from the army. I'm in a same-sex marriage, currently separated from my wife who is in San Antonio, TX. She had a child with an acquaintance, and I am listed as the other parent on the birth certificate. I've financially... View More

Raymond Chow
Raymond Chow
answered on Jun 27, 2025

Under Texas law, if you are listed as a parent on a child’s birth certificate AND have provided financial support, then you are presumed to be the father. Aside from that, any child born during your marriage is also your presumed child. This legal presumption applies regardless of biological... View More

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2 Answers | Asked in Landlord - Tenant, Military Law and Real Estate Law for Michigan on
Q: Can a landlord in Michigan charge a month's rent for court costs not specified in rental assistance agreement?

I am a Veteran who fell behind on rent due to circumstances in September 2024. A program called SSVF agreed to pay my rent for 10 months and cover all my back rent, which they did. After these payments, my landlord claimed that May's rent was still due, saying it was needed to cover court... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jun 23, 2025

You need to consult with a local licensed attorney asap.

But before you do, get a copy of your lease — the lawyer is going to need that to answer fully. “I’m unsure” of how the lease deals with court costs isn’t going to cut the mustard.

That said, generally this sounds...
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3 Answers | Asked in Military Law, Nursing Home Abuse and Personal Injury for California on
Q: Exposed to radiation in military, hip replacement related. What to do?

I was exposed to radiation while serving in the military, which led to me having both hips replaced. The Veterans Administration advised me to get a lawyer. I have a letter from my doctor stating that my hip issues were probably due to radiation exposure. How should I proceed in seeking legal... View More

William John Light
William John Light
answered on Jun 17, 2025

Were you involved a "radiation-risk activity" recognized by the VA, such as:

Participation in atmospheric nuclear weapons testing (1945–1962).

Occupation of Hiroshima or Nagasaki (August 6, 1945–July 1, 1946).

Cleanup of Enewetak Atoll (1977–1980)....
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3 Answers | Asked in Military Law, Nursing Home Abuse and Personal Injury for California on
Q: Exposed to radiation in military, hip replacement related. What to do?

I was exposed to radiation while serving in the military, which led to me having both hips replaced. The Veterans Administration advised me to get a lawyer. I have a letter from my doctor stating that my hip issues were probably due to radiation exposure. How should I proceed in seeking legal... View More

Eliza Jasinska
Eliza Jasinska
answered on Jun 17, 2025

Under California law, medical malpractice claims must generally be filed within one year of discovery under MICRA (Cal. Civ. Proc. Code § 340.5), but your case may also involve federal claims against the VA or military contractors. Since radiation exposure and service-related injuries are complex,... View More

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2 Answers | Asked in Child Custody, Child Support, Military Law and Family Law for Nebraska on
Q: How can my partner seek visitation rights for his daughter living in Illinois?

My partner was active military when his daughter was born in Iowa. Child support was granted to the mother, but no visitation rights were established. The mother moved to Illinois with their daughter 3 or 4 years ago. He has had minimal communication with the mother, who often stops responding to... View More

Julie Fowler
Julie Fowler
answered on Jun 11, 2025

If you want the Court to enter an order of custody and a set parenting time schedule, you generally need to file the original custody action in the county where the minor child is residing. If the child was residing in Nebraska, the general process includes filing the custody action with the... View More

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2 Answers | Asked in Child Support, Military Law and Family Law for Texas on
Q: Seeking low-cost attorney for child support arrears modification as disabled veteran with limited income.

I am a disabled veteran with child support arrears that have accumulated since 2001. My current income is significantly less than what it was when my child support was originally calculated, as my only income now is VA disability. I am currently incarcerated for contempt due to these arrears.... View More

Raymond Chow
Raymond Chow
answered on Jun 10, 2025

Thank you for your service. I don't have good news—you cannot modify your CS arrears like that. What should have taken place was a CS modification on your monthly obligation (different from arrears) when your income changed substantially. If it's been more than 10 years since your child... View More

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2 Answers | Asked in Military Law, Personal Injury and Public Benefits for California on
Q: Seeking recognition and compensation for family's health issues linked to my father's radiation exposure during Navy service.

I am seeking to connect my family's health issues to my father's radiation exposure during his Navy service (1942–1946), which possibly involved cleanup in Japan. My brother and I have faced cancer diagnoses, supported by medical findings of radiation exposure. Despite attempts to claim... View More

William John Light
William John Light
answered on Jun 6, 2025

The VA has strict requirements for proof of presence in Hiroshima or Nagasaki during August 6, 1945–July 1, 1946, which frequently causes denials of claims if records are incomplete or if the veteran served in nearby areas (e.g., on ships supporting the occupation).

You can 1. request...
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2 Answers | Asked in Military Law, Constitutional Law and Criminal Law for Washington on
Q: Military larceny charge and Fourth Amendment rights issue in WA

I am currently serving in the military and was arrested and charged with larceny in Alaska, concerning a $32 watch taken during training, 14 days after the alleged incident. The military police claim CCTV footage shows me taking the watch, but I haven't been shown the footage or any images,... View More

Patrick Korody
Patrick Korody
answered on May 29, 2025

Generally to access bank account information they need a subpoena issued to the bank. However, businesses often turn over CCTV and internal records without subpoenas or search warrants since they want to facilitate the arrest/prosecution. Generally, the 4th amendment does not prohibit 3rd parties... View More

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2 Answers | Asked in Tax Law, Identity Theft, Military Law and Consumer Law for California on
Q: Can IRS hold my money during an investigation of alleged tax debt?

I am a Vietnam War veteran, and the IRS has put a hold on my money, stating I owe them $31,000. I haven't filed taxes in 20 years due to being low income and a veteran. I received a letter from the IRS about this issue, but I believe someone might have filed taxes in my name without my... View More

Symantha Rhodes
Symantha Rhodes
answered on May 27, 2025

Yes, the IRS can hold your money, including freezing your bank account, if they believe you owe back taxes, especially during an investigation of alleged tax debt or fraud.

IRS investigation of a potential tax fraud can take a long time to resolve.

To potentially expedite the...
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3 Answers | Asked in Child Support, Military Law and Family Law for Nebraska on
Q: Reinstating child support after military deployment extension

I am currently stationed in Alaska, but I'll be returning to the lower 48 states on June 1, 2025. My ex lives in Missouri, and our child support court order is established in Nebraska. The order paused child support while I was living in Alaska because my ex was covering travel expenses for... View More

Julie Fowler
Julie Fowler
answered on May 14, 2025

If the child support is suspended, then you may be able to request to "reinstate" the child support once you are back to the Omaha-area so that the travel deviation is no longer appropriate. if the child support was modified to zero under a deviation or terminated, then you likely need... View More

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3 Answers | Asked in Child Support, Military Law and Family Law for Nebraska on
Q: Reinstating child support after military deployment extension

I am currently stationed in Alaska, but I'll be returning to the lower 48 states on June 1, 2025. My ex lives in Missouri, and our child support court order is established in Nebraska. The order paused child support while I was living in Alaska because my ex was covering travel expenses for... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on May 14, 2025

The answer here is going to depend on how the order was treated (if temporary orders or part of a permanent modification). Without looking at the orders/parenting plan/financial plan it is impossible to advise on whether a Motion to reinstate support or Notice of deployment ending would be... View More

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