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Texas Military Law Questions & Answers
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 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
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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.

1 Answer | Asked in Criminal Law, Employment Law and Military Law for Texas on
Q: Can I still retire from the military if I have a 25 year old domestic violence charge and I'm at 18.5 years active duty?
Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Oct 11, 2020

This is not a criminal law question, so I cannot answer it. The question, I believe, is more properly a military law question having to do with the requirements for full benefits upon retirement of a person with such a problem in his/her past. It may also matter whether you were convicted (that is,... View More

1 Answer | Asked in Family Law and Military Law for Texas on
Q: Can my 1SG have me kicked out for not having daycare, with a stay at home wife, and no money to afford daycare?

My 1SG has given me 30 days to have a family plan/daycare put in place, and if it is not in place they will be kicking me out. My wife has quit her job that was only a weekend job. She is home with our kids 24/7. We barely have enough to get by as it is with a family of five after bills. We can not... View More

Rick  Davis
Rick Davis
answered on Aug 27, 2020

This is a question for a JAG Officer. They answer to your question will likely be governed by the UCMJ and military rules, not Texas law.

1 Answer | Asked in Criminal Law and Military Law for Texas on
Q: Accused of drug use military

If someone in a drug investigation, more notably someone who failed a UA or got caught in possession, says that he knows other people who do drugs or says he saw them do them and names them, can the other parties be discharged by the military or charged if their is no positive UA or they have never... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Dec 12, 2019

This is a question of military law rather than civilian criminal law.

1 Answer | Asked in Divorce and Military Law for Texas on
Q: How do I apply for and file for a divorce from my abusive husband. I'm in CA and afraid to go home in Lone Star, TX

He is at my home in Lone Star with the kids....His 3 biological. He is a VET and a very abusive alcoholic. He says if I come with my grown kids to move out, he's going to have his motorcycle brothers come when we come. I'm afraid for me and my children and his! I don't want any... View More

Paul E. Tennison
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Paul E. Tennison
answered on Jul 3, 2019

I recommend you call attorneys in/near the Lone Star, TX area and discuss your potential case with them. It is possible that you could file the divorce while you are still in California. You could likely pursue most of the divorce without ever traveling to Texas. You may also consider seeking an... View More

1 Answer | Asked in Military Law for Texas on
Q: 17 yr old daughter returned home from the military as she is being held against her will and without parental consent
Paul E. Tennison
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Paul E. Tennison
answered on Jul 3, 2019

This question is unclear, I do not understand what you are asking here.

1 Answer | Asked in Family Law, Immigration Law and Military Law for Texas on
Q: If my family member is in the middle of getting deport and me in the military is there anyway I can help them?

My family member was recently detained by the police and he’s in the process of getting deported is there any way with me in the military do anything to help? If so what should I do ?

Kelli Y. Allen
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Kelli Y. Allen
answered on Jan 22, 2019

Not just by virtue of being in the military. But I suggest consulting with an immigration attorney who handles removal defense in your area to see if there are options.

1 Answer | Asked in Military Law for Texas on
Q: What area of law does the Uniformed Services Former Spouses’ Protection Act cover?
Angelina Bradley
Angelina Bradley
answered on Dec 18, 2018

Generally, spousal support, eligibility for TriCare coverage, and military retirement pay.

To see how it applies to you, consult with a family law attorney.

1 Answer | Asked in Military Law for Texas on
Q: My gay son was discharged from the army and refuses to tell me what happened. Think I need to hire a lawyer for him?
Angelina Bradley
Angelina Bradley
answered on Nov 2, 2018

What would you want to hire the attorney for? In the discharge process, your son should have been notified he had the right to consult with an attorney, and, if the discharge characterization was Other Than Honorable or he’d been serving more than 6 years, he would have been offered a hearing and... View More

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