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Georgia Military Law Questions & Answers
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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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... View More

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3 Answers | Asked in Family Law and Military Law for Georgia on
Q: Can I file an extension for a legitimation summons with 2 days left?

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

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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.

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2 Answers | Asked in Child Custody, Divorce, Military Law and Family Law for Georgia on
Q: How can I get full custody of my child during a divorce in GA?

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

Alake Colwell Furlow
Alake Colwell Furlow
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

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1 Answer | Asked in Military Law and Employment Law for Georgia on
Q: Can an employer deny a Georgia State Defense Force volunteer request for drill leave?

An employer has stated that dates for drill will only be granted if another employee (shift manager in this case) puts their names on that date wanting that day off. Since then, employees have put their names down from May to October which will cause the GSDF soldier from attending drills as... View More

James L. Arrasmith
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answered on Apr 16, 2024

In Georgia, the law provides specific protections for members of the Georgia State Defense Force (GSDF) when it comes to fulfilling their military duties, including attending drills. Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), and specific state laws, employers are... View More

1 Answer | Asked in Family Law, Elder Law, Military Law and Social Security for Georgia on
Q: Contacted by estranged sister's (head injury/stroke) caregiver (deceased husband's cousin) to assume his POA. Must I?

Estranged (in TX since 1972) sister (DOB April 1954) falls in 2012due to Air Force knee injury (surgery & discharge 1974; also forced early retirement in 2011) & struck head, resulting in stroke hours later, which resulted in partial paralysis. Her husband cared for her until his death from... View More

James L. Arrasmith
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answered on Jan 5, 2024

You are not legally required to assume the power of attorney (POA) for your sister. Accepting the role of POA is a voluntary decision and carries significant responsibilities, particularly in managing her personal and financial affairs. Given your concerns about your ability to provide financial... View More

1 Answer | Asked in Military Law for Georgia on
Q: When having to move due to military orders. Will the service member receive their deposit back in full?
James L. Arrasmith
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answered on Dec 11, 2023

Under the Servicemembers Civil Relief Act (SCRA), a service member who has to move due to military orders is typically entitled to certain protections, including the ability to terminate a residential lease early without penalty. When you receive military orders requiring you to relocate, you have... View More

1 Answer | Asked in Probate, Legal Malpractice, Civil Rights, Employment Law and Military Law for Georgia on
Q: How can I legally manage my father's estate and protect myself against unauthorized actions?

I am handling my late father's estate, which includes assets in Georgia, Tennessee, Florida, and South Carolina. He was a veteran and the head deacon at his church. He wanted his estate handled according to his wishes, not those of others involved. However, I am faced with challenges where... View More

James L. Arrasmith
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answered on Nov 8, 2025

Open probate in the state where your father was domiciled at death and secure formal authority as personal representative by obtaining Letters Testamentary (or Letters of Administration if no will). With those letters, give written notice to banks, the VA, insurers, and the church, and demand a... View More

1 Answer | Asked in Military Law, Family Law and Public Benefits for Georgia on
Q: Clarification on benefits post-divorce from disabled veteran in GA.

I was married to a disabled veteran for 14 years and divorced for 3 years. During our marriage, I received medical benefits and funds as his fiduciary. I never received any official notice about the cessation of these benefits after our divorce. There were no legal agreements regarding benefits... View More

James L. Arrasmith
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answered on Sep 5, 2025

I know this is confusing and stressful, so here is the bottom line. You are not entitled to ongoing military medical, commissary, or exchange benefits as a former spouse because eligibility ends at divorce unless you meet the 20‑20‑20 or 20‑20‑15 rules, and a 14‑year marriage does not... View More

1 Answer | Asked in Military Law and Gov & Administrative Law for Georgia on
Q: Can veterans wear body cameras in veterans hospitals in GA?

I am a veteran and I want to know if I can legally wear a body camera and record while inside a veterans hospital or building, specifically in the lobby or common areas.

James L. Arrasmith
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answered on Sep 2, 2025

When you walk into a veterans hospital, you’re entering a federal facility, and that makes the rules very different from regular public spaces. Recording devices, including body cameras, are generally restricted inside VA hospitals and clinics, even in lobbies and common areas. This is largely... View More

1 Answer | Asked in Gov & Administrative Law and Military Law for Georgia on
Q: Can DFAS recoup VSI payments made in error during active duty and what legal actions can I take?

I am facing an issue with DFAS, which has modified the terms on my DD Form 214 and continued VSI payments during my active duty from 2001 to 2011, contrary to federal law. They neither suspended the VSI payments nor adjusted my basic pay to reflect these payments. As a result, DFAS is now recouping... View More

James L. Arrasmith
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answered on Aug 23, 2025

You are dealing with a serious problem that sits at the intersection of federal administrative law and military pay statutes. When DFAS continues VSI payments during active duty, those funds are normally considered subject to recoupment because VSI is only authorized for former service members, not... View More

1 Answer | Asked in Consumer Law, Contracts and Military Law for Georgia on
Q: Can I return the car if I don't sign new financing documents from Florida dealership?

I bought a car from a dealership in Florida on July 19, 2025, and put down a $2,000 down payment. I'm currently stationed in Georgia. I signed the financing documents for both Georgia and Florida, but now the dealership wants me to sign the financing documents again, and the link they sent me... View More

James L. Arrasmith
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answered on Jul 27, 2025

You're in a frustrating spot, especially after already putting money down and signing documents. If the dealership is now asking you to re-sign financing paperwork, that could mean the original financing deal fell through—possibly due to issues with lender approval. This kind of situation is... View More

1 Answer | Asked in Child Custody, Employment Law, Military Law and Family Law for Georgia on
Q: How can I address custody issues due to spouse's PTSD in Georgia?

I am separated from my husband and still married. He has sole legal custody of our three daughters. Recently, he experienced a PTSD episode and attempted "suicide by cop." He is a Marine veteran, and I've documented this event via a newspaper article from his city. I want to... View More

James L. Arrasmith
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answered on Jul 19, 2025

You’re doing the right thing by stepping in when your children’s safety may be at risk. Given your husband’s recent PTSD episode and the documented suicide-by-cop attempt, you have grounds to file for a modification of custody in Georgia. Courts are guided by the best interest of the child,... View More

2 Answers | Asked in Divorce, Military Law and Family Law for Georgia on
Q: Am I required to pay or divide assets post-separation with 100% disability status in GA?

I am a recently granted 100% disabled veteran. I separated from my spouse over 4 years ago, and we are approaching a 10-year marriage anniversary in 2026. We have no legal separation agreement and no children, but I still carry my spouse on my military medical benefits. I bought a house last year... View More

Regina Irene Edwards
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answered on Jul 10, 2025

Assets and military pay are subject to division in the divorce. The court will decide exactly what that division looks like.

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1 Answer | Asked in Child Support, Family Law and Military Law for Georgia on
Q: Can I enforce February child support without going to court?

My ex-husband, an Army veteran, and I were initially responsible for paying child support for our twin girls to my sister, who has custody. Between November 2021 and January 2025, he paid child support under the original order. A new court order was enacted in January 2025, requiring both of us to... View More

James L. Arrasmith
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answered on May 14, 2025

It’s frustrating when someone tries to avoid a clear financial obligation, especially when it affects your children. Since the February payment was based on the original order still in effect at that time, your ex-husband was legally required to make that payment. Even though he stopped the... View More

1 Answer | Asked in Medical Malpractice, Military Law and Personal Injury for Georgia on
Q: Can I sue for chronic kidney injury after Urolift surgery through VA community care?

I underwent Urolift surgery in 2022 through a VA community care referral, which resulted in chronic kidney injury. Subsequently, the VA admitted me for kidney sepsis and performed additional surgery to address the issue. Despite their efforts, my kidney function dropped from over 60 to 32 and is... View More

James L. Arrasmith
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answered on May 8, 2025

Yes, you can pursue a legal claim against the VA or its community care provider under the Federal Tort Claims Act (FTCA). This federal law specifically allows veterans to sue for medical malpractice when negligent care causes injury, including situations involving community care providers working... View More

1 Answer | Asked in Medical Malpractice, Military Law and Civil Rights for Georgia on
Q: How to file a tort claim against the VA for delayed diagnosis and treatment failures?

After my discharge from the army in 2012, I enrolled with the Atlanta VA Medical Center in 2013, but they failed to establish continuity of care. In November 2015, I visited the VA emergency room, reporting that I had been hit in the head with a gun, experiencing symptoms such as a headache,... View More

James L. Arrasmith
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answered on Feb 27, 2025

To file a tort claim against the VA for medical negligence, you need to submit Standard Form 95 (Claim for Damage, Injury, or Death) to the VA regional office serving your area within two years of discovering the injury. Your claim should clearly document the timeline of events, including your 2012... View More

2 Answers | Asked in Gov & Administrative Law, Bankruptcy and Military Law for Georgia on
Q: The United States Government is a foreign corporation with respect to a State of the Union.” In Re Merriam’s Estate, 36

1. N.E. 505, 141 N.Y. 479, affirmed 16 S.Ct.

1073, 41 L.Ed. 287. S. Is United States foreign land to the United States of America?

2. Is Common law the law of the land? Hale v Hankel 201 U.S. 43

3. Is the Attorney’s first duty to the courts? Doesn’t that make it a... View More

Timothy Denison
Timothy Denison
answered on Jan 14, 2025

What is your question?

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1 Answer | Asked in Divorce, Family Law, Child Support and Military Law for Georgia on
Q: What documents do I need to file for garnishment for child support through the N/C VA disability compensation in GA?

Our divorce decree states that I can garnish him if he’s one month behind. But now he’s gotten almost 18k behind through child support enforcement within the last 6 years of divorcing. Before I file these documents with the courts, should I close my child support enforcement case or should I... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 27, 2023

I would advise you to hire a private attorney who can file an action for contempt for the total amount of the arrears. In that case your attorney can see the arrears as well as attorney's fees, so that the Court may award you the cost of your attorney in your judgment. Once the case is... View More

1 Answer | Asked in Family Law, Domestic Violence and Military Law for Georgia on
Q: I called the police on my boyfriend out of fear of what he would do to me and my daughter. now I don’t want him in jail

He may get 3-5 years but I only wanted space. Can I write an affidavit to keep him out of jail. They said the state is prosecuting him. Can his ptsd from the military help him?

Joshua Schiffer
Joshua Schiffer
answered on Aug 22, 2022

You are facing a super hard issue and the world is not very understanding.

The main issue is that no one should be in fear, especially children, at home. And a call to police is undeniable that you were scared, so the state is going to take a position that the call was valid and therefore... View More

1 Answer | Asked in Divorce and Military Law for Georgia on
Q: Do i pay alimony still if a judge say it starts Oct 1st. But the money will be coming from my military retirement pay.

Which it will take 2-3 months to kick in. Do I have to pay alimony the in between time? Or she can wait? Also, what wording can I use to just have them wait until military pay's them directly?

Regina Irene Edwards
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answered on Aug 17, 2022

October 1st means October 1st. She doesn't have to wait.

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