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Texas Military Law Questions & Answers
2 Answers | Asked in Child Custody, Family Law and Military Law for Texas on
Q: Child was with other parent because of military order now he does not want to give her back will I lose custody?

I’m military and my daughter went with my mom then dad while I was deployed now he doesn’t want to give her back and filed custody and he’s withholding the child from me

James L. Arrasmith
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answered on Mar 9, 2024

I'm sorry to hear about your difficult situation. Custody disputes can be stressful, especially when one parent is withholding the child from the other. Here are a few important points to consider:

1. Deployment orders: If your child was staying with your parents due to your military...
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1 Answer | Asked in Military Law and Family Law for Texas on
Q: Hello, so I’m the sole provider for my family (Wife, Step son) my wife got court ordered to stay in bell county.

I’m in North Carolina as I just got stationed here February 20th and my wife got court ordered to stay on the 20thFEB AND Bell County is in Texas which has Fort Cavazos, I’m trying to get BACK to Texas so I can provide for my family financially and all other ways. Is there any legal way for me... View More

James L. Arrasmith
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answered on Feb 25, 2024

Here are some options you could pursue to legally get back to Texas to provide for your family despite the court order requiring your wife to stay in Bell County:

1. File an emergency petition to modify the order with the court. Explain that the order is imposing an undue hardship by...
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1 Answer | Asked in Divorce, Military Law and Family Law for Texas on
Q: Uncontested divorce in Texas (Ft Worth), are they charged at a standard rates or are there low cost options available?
James L. Arrasmith
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answered on Dec 21, 2023

In Texas, the cost of an uncontested divorce can vary. While there is no standard rate for all uncontested divorces, many attorneys offer flat fees for these types of cases, especially when they are straightforward and the parties agree on all major issues. This flat fee can often be more... View More

2 Answers | Asked in Criminal Law, Constitutional Law and Military Law for Texas on
Q: Didnt know about warrant issued 6 years ago never been arrested or contacted by police what can happen?

So I work for a big bank as a fraud invesitgator going on 4 years they did fingerprinting and background check before hiring me everything was fine. I went to enlist in Military an a background check was performed an they stated i have a active arrest warrant for tampering/w gov document. Im very... View More

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke
answered on Dec 8, 2023

Unfortunately, the statute of limitations is paused once a case is filed. However, you do have a right to a speedy trial. To avail yourself of that right you need to clear the warrant (this is something that an experienced criminal defense attorney should know how to do in the jurisdiction with the... View More

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2 Answers | Asked in Criminal Law, Constitutional Law and Military Law for Texas on
Q: Didnt know about warrant issued 6 years ago never been arrested or contacted by police what can happen?

So I work for a big bank as a fraud invesitgator going on 4 years they did fingerprinting and background check before hiring me everything was fine. I went to enlist in Military an a background check was performed an they stated i have a active arrest warrant for tampering/w gov document. Im very... View More

James L. Arrasmith
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answered on Dec 8, 2023

Discovering an unexpected warrant can be unsettling, especially when it's linked to actions you were not involved in. The first step in addressing this is to contact a lawyer. An attorney can help you understand the specifics of the warrant and advise on the best course of action.

In...
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2 Answers | Asked in Military Law for Texas on
Q: I went awol from the ARMY in 2010 and never went back. Just today I went back to fort hood

Just today I went back to fort hood to surrender. The MPs look through the system and then told me I was dropped from rolls and leave the base because my unit don’t want me and I am not allowed on base. What does this mean and how do I get my DD214 so I know my discharge status. Also what do I... View More

James L. Arrasmith
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answered on Nov 12, 2023

In Texas, being dropped from the rolls typically means the military has administratively discharged you due to your AWOL status. To obtain your DD214, which will state your discharge status, you should contact the National Personnel Records Center (NPRC) or use the eVetRecs system online.... View More

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1 Answer | Asked in Government Contracts and Military Law for Texas on
Q: is relative affiliated with a foreign government, military.."

I'm filling a government background check form and there is a question "is this relative affiliated with a foreign government, military, security, defense industry? YES or NO".

My father retired from a foreign military 14 years ago. Should I select YES even though he has no connection anymore?

James L. Arrasmith
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answered on Oct 26, 2023

When filling out a government background check form, accuracy and transparency are vital. Even if your father has been retired for several years, he was at one point affiliated with a foreign military. In the interest of full disclosure and to avoid any potential misunderstandings or complications... View More

1 Answer | Asked in Family Law, Military Law and Child Custody for Texas on
Q: ex husband trying to take kids away, restraining order. I’m in military training now. What should I do ?

I’m in the middle of military training and my ex served me papers trying to get child support, pay for his attorney and put a temporary restraining order. I am 2 week away from moving training to another state and I have 20

Days to answer

Sharita Blacknall
Sharita Blacknall
answered on Jul 30, 2023

Legal Representation: As you're currently undergoing military training, it's crucial to retain an attorney who specializes in family law as soon as possible. They can represent you in your absence and make sure your rights are protected.

Servicemembers Civil Relief Act (SCRA): As...
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1 Answer | Asked in Divorce, Family Law, Gov & Administrative Law and Military Law for Texas on
Q: Can Texas calculate military retired pay as if the marriage ended on the date of separation, years before divorce?

A Texas judge signed a final decree in 2023, ending the community property portion as of 2019, the date of separation. The decree calculated and divided the servicemember's High 3 and years of service as if the marriage had ended in 2019. Post trial, the judge writes a letter denying that this... View More

John Michael Frick
John Michael Frick
answered on Jul 17, 2023

The community portion of military retirement pay is that portion which accrues during the existence of the marriage, i.e. from the date of marriage to the date of divorce. Any portion that accrued outside of the existence of the marriage is the servicemember's separate property.... View More

1 Answer | Asked in Military Law for Texas on
Q: need my DD214 corrected to show all my ribbons
James L. Arrasmith
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answered on Jun 18, 2023

If you need to have your DD214 corrected to show all of your ribbons, you will need to submit a request to the National Personnel Records Center (NPRC) in St. Louis, Missouri. The NPRC is responsible for maintaining military personnel records, including DD214s.

To request a correction to...
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2 Answers | Asked in Probate and Military Law for Texas on
Q: My son died before the judge signed his divorce decree. His wife wasn't contesting. He was military & stationed in NM

He passed away in his home in NM. There is no probate filed and he had no will. As his mother, do I have a case for his estate?

Hunter Reed Sargent
Hunter Reed Sargent
answered on Mar 2, 2023

If your son passed away before the judge signed his divorce decree and he did not have a will, his estate could be distributed according to the laws of intestacy in the state where he was living at the time of his death.

If your son was not married at the time of his death and did not have...
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1 Answer | Asked in Military Law for Texas on
Q: Question regarding ar 15-6 investigation
James L. Arrasmith
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answered on Feb 4, 2024

If you're involved in or subject to an AR 15-6 investigation, it's essential to understand the process and your rights. An AR 15-6 investigation is a type of administrative inquiry within the United States Army used to collect information and facts related to specific allegations or... View More

1 Answer | Asked in Civil Rights and Military Law for Texas on
Q: Drafting Laws in Texas

In Texas . If your child lives within the parents household and doesn't have a stable income they can get drafted for 1 to 2 years. Is this true?

John Michael Frick
John Michael Frick
answered on Jan 25, 2023

The United States armed forces currently are not drafting anyone. It has been an all volunteer force for more than 40 years. It is unlikely to change in the foreseeable future

1 Answer | Asked in Divorce and Military Law for Texas on
Q: My spouse and I are active duty military stationed over seas and want to get divorced but can’t appear in court!

What can we do to get the divorce without going into court

Penny Wymyczak-White
Penny Wymyczak-White
answered on Jan 9, 2023

If you are in Harris county you may be able to appear by zoom

2 Answers | Asked in Criminal Law, Federal Crimes, Military Law and Social Security for Texas on
Q: I need a lawyer to review some evidence I have to decide if I have a credible case and what the fee might be.
Elizabeth Fowler Lunn
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answered on Mar 9, 2022

You don't mention what type of case you are asking about. If it is a claim for service-connected compensation, I or another attorney can review your case and no attorney can charge you for that. The same is true for a Social Security disability claim. An attorney can discuss the case with you,... View More

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1 Answer | Asked in Military Law for Texas on
Q: Need jag advice. I went awol from the army back in ‘09 and I wish to go back to clear my name. What should I do?

Before I left I told my sergeant at the time that I was leaving and he told me to go take care of my family. I have been gone for almost 14 years and I wish to go back to clear my name. I need an advice from jag as to what I should do or where the best place would be to go to do this.

Philip D. Cave
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answered on Feb 22, 2022

There are civilian lawyers who can help with this.

Experience shows that a person receives better treatment if they surrender rather than get arrested. 30 days after you left you were declared a deserter and a federal arrest warrant was issued. Mny of my AWOL clients were arrested when...
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1 Answer | Asked in Gov & Administrative Law and Military Law for Texas on
Q: Can I sue my former university for charging me out of state tuition due to the military moving me in highschool?

I applied to a texas colllege and when applying I informed the school that I considered myself a texas resident because I spent my freshmen, sophmore, and half of my senior year at a texas highschool and graduated from said school. I only spent my junior year and half of my senior year in new... View More

Teri A. Walter
Teri A. Walter
answered on Nov 30, 2021

There are rules that govern when in-state and out of state tuition should be charged. (When I was in school, after being employed in Texas for a year, I qualified for in-state tuition - so I paid out of state tuition for only the first year, and then switched to in-state tuition.) Here's a... View More

1 Answer | Asked in Military Law for Texas on
Q: I feel like I was wrongly denied the $100,000 Lang disability benefit, do I have any recourse legally

I am a former LANG guardsmen who deployed with the LA guard and was awarded by the VA 100% permanent and total disability for PTSD arising from my deployment and I was denied the $100,000 benefit.. what can I do to follow up about this?

Gregory M. Rada
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Gregory M. Rada
answered on Sep 27, 2021

I recommend contacting a lawyer that handles VA disability appeals. I assume you are seeking an earlier effective date for your 100% P&T disability, but it is unclear from your question.

1 Answer | Asked in Personal Injury and Military Law for Texas on
Q: VA FTCA Over Two Years Old

Want to sue

Randy Sorrels
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Randy Sorrels
answered on Jul 31, 2021

If you are an adult, it is difficult to pursue a medical malpractice claim against the VA that is over two years old. There are some very, very limited exceptions. But for the most part, you cannot win the case based on time issues.

1 Answer | Asked in Military Law for Texas on
Q: If solder had adultery more than 3 years ago at oversea station,and haven't been caught,can get away from charges?

Deployed to Japan for 3 years, have love relationship about one year with local Japanese lady who married to other man. Haven't been caught, came back to US it's been bit more than 4 years. Did not get any trouble about this relationship. I heard most of the adultery charges expires after... View More

Jeffrey Liebenguth
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Jeffrey Liebenguth
answered on May 14, 2021

The statute of limitations is generally 5 years, with some exception that do not seem like they would apply to your situation. Regardless, you should not ever speak of the matter with anyone. Hope that helps.

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