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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18814
Experience:  Lawyer and current JAG officer.
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My husband is in the coastguard. When we married; he said

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My husband is in the coastguard. When we married; he said he would retire in 4 years and would not move for a job anymore. It's been 3 years, and he just moved away for a higher position and left mme and our one year old alone.
I want him to at least visit her once a month. What are my rights?

Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.

 

Unfortunately, neither a military or civilian judge can force your husband to visit his child.

 

No law allows that. The military can require that he pay proper family support and a civilian court can allow him visitation if you were to divorce, but there is simply no method at all to force him to visit his daughter on a consistent basis.

 

So, on these facts, you really haven't stated anything that invokes any rights.

Customer: replied 3 years ago.

If I divorce him and we've only been married 3 years, what rights do I have?


For example: do I have ca right to any property he ownsif he bought it before we married? Do I have a right to a house he bought after we married, and it is under his name.?

Honestly, none with only being married for 3 years. At least, no automatic rights.

 

You wouldn't have the right to a military ID, commissary or continued insurance. The daughter would maintain her insurance as a dependent of his.

 

As for obtaining any portion of his retirement, that's going to depend on the divorce court and, if so, it would be a very small amount based on the length of your marriage overlapping his military service.

 

The rest of your questions really don't relate to military law, but rather, to family law. CA will do an equitable division of the assets, which is going to be a long and drawn out process. You'll automatically get child support, but the length of your marriage works against the idea of you getting spousal support too. Again, this isn't really an issue of military law, so you'll have to address this question with a local divorce attorney.

Customer: replied 3 years ago.

Is there such a law or oath in the military as to being an honorable man and not abondoning youer wife and child? Does he get any type of penalty for that?

No, there isn't. Again, all the military will require him to do is properly support his family. He has to send money, but as I previously noted, there is not any law in the military against his decision to not be with you and his child.

 

Now, he can't legally engage in any other relationships, as that is adultery which is illegal in the military.

 

 

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