Get free answers to your Military Law legal questions from lawyers in your area.
Your current state is Virginia
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

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).... View More
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

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
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

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
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

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
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

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... View More
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

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
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

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... View More
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

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
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

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
I need to remove the medical power of attorney from my elderly veteran family member's wife. The patient, who suffers from dementia, is currently in a nursing facility that can't provide needed memory care treatments, which are covered by the VA. The wife holds the power of attorney and... View More

answered on May 9, 2025
If the principal (patient) is considered competent, or has periods where he is lucid, then he can sign a document revoking that power of attorney. Or, assuming he's competent, he can sign another (additional) powers of attorney providing him additional agents/persons to act as his power of... View More
My ex-husband has requested to relinquish his parental rights, and our case originates in Colorado. However, Colorado has stated they no longer have jurisdiction since neither my daughter nor I reside there. This change is due to my military assignment. There is an existing custody and child... View More

answered on May 1, 2025
If you are in the process of Florida adopting the child support order then you are already doing what you need to. A parent cannot simply relinquish their rights to a child. The father will be responsible for child support until the child turns 18. Speak with a local family lawyer for more specific... View More
My ex-husband has requested to relinquish his parental rights, and our case originates in Colorado. However, Colorado has stated they no longer have jurisdiction since neither my daughter nor I reside there. This change is due to my military assignment. There is an existing custody and child... View More

answered on May 2, 2025
The Colorado Final Judgement would need to be domesticate in Florida and there is a specific procedure to properly accomplish the same. Unless your daughter is going to be adopted by a step parent or someone else with you it is doubtful that your former husband would be permitted to voluntarily... View More
I received a summons for legitimation and there are only 2 days left to file my answer. I have been attempting to obtain a veteran-assisted attorney but have not been successful yet. The attorney I contacted said they need at least 48 to 78 hours to review my situation. Can I file an extension... View More

answered on Apr 28, 2025
Go to the law library in your county and they will have answer forms. Sign up for Odyssey efiling to make sure you get notification of all court dates and documents.
I was divorced in New Jersey, but I am now living in Pennsylvania as the custodial parent. The existing child support provisions are based on New Jersey state law. My children are 19 and 16, and the 19-year-old is enrolled full-time in college. There have been court order changes since the... View More

answered on Apr 24, 2025
Your question is covered by the Uniform Interstate Family Support Act (UIFSA) since it addresses the issue of a form of child support - college contribution. The issue is whether as a result of your move to Penn, does Penn law now apply to the issue of contribution for college, since the laws in... View More
I am seeking full custody of my 2-year-old child as I plan to divorce my husband, who is in the military and doesn't spend much time with our child during his days off. I am a stay-at-home mother, providing full-time care for my child, and we currently live together. How can I achieve full... View More

answered on Apr 21, 2025
You will need to file for divorce, have your spouse served, and in your petition you should state what relief you are seeking regarding custody, visitation, child support, and marital property. You will then have to present your case at trial and let the court know what you are asking them to... View More
My mother, who was buying the home, recently passed away. My sister, the executor of my mother's estate, is telling my grandfather that he must leave the residence immediately, cannot take or come back to feed one of his dogs, and cannot take anything with him until the will is read. We are... View More

answered on Apr 18, 2025
First of all, your sister has no authority to control any property until a will is probated or an intestate (no will) proceeding is initiated and she is appointed as the Personal Representative. If you cannot find a will, then it may be a good idea for you to initiate such a proceeding and ask that... View More
I am a civilian police officer whose department requires me to take my service weapon home and to carry it while in uniform, even when off the clock. I live on the Fort Campbell Army Base with my active duty spouse, and I take my patrol car home as required. Are there any legal issues I should be... View More

answered on Apr 1, 2025
Military Posts are federal jurisdiction, not State. So check with the Provost Marshall or Security there. The Post Commander sets the rules for firearms on his post, which usually involves registration and not being armed.
I have been providing a portion of my military retirement pay to my ex-spouse as part of a QDRO. However, my ex-spouse has recently passed away, and I am unable to stop the payments to Defense Finance Service because my daughter, who has the death certificate, refuses to provide it to me. I've... View More

answered on Mar 27, 2025
You can request a copy of the death certificate directly from Nebraska Vital Statistics. They may be able to provide if you can show a legitimate need. Contact Nebraska Vital Statistics at 402-471-2871. If your QDRO states that benefits end upon death of the spouse, then a certified copy of your... View More
I am being charged with a Class 4 felony in Minnehaha County, Sioux Falls, South Dakota. I have concerns about a conflict of interest because the same judge has sentenced me in 4 out of 5 of my criminal hearings, and he is assigned to my current veterans court case as well. Although he has been... View More

answered on Mar 20, 2025
The proper time to remove a judge you suspect is biased is prior to conducting a trial. You should also raise this issue before the judge rules on any substantive motions. Your lawyer can draft an affidavit for a change of judge and have you sign it. The lawyer then will ask the judge to recuse... View More
As a disabled veteran who has fought for my Constitutional rights, I feel they have been stripped away after a stranger, resembling the Uni-Boomer, challenged me and another veteran to a fight in front of our home, assaulted one of us, then fled. Despite having video evidence on YouTube and fearing... View More

answered on Apr 9, 2025
Filing a petition with evidence, such as your video footage, could secure a temporary restraining order swiftly if the court finds immediate harm is likely without intervention. A hearing would follow within 21 to 22 days to consider a longer-term order, potentially lasting up to three years, based... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.