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Recent military law questions

Can I be charged with Article 90 if I did not know that the

Can I be charged with Article 90 if I did not know that the action I took was a violation of the Military Protection Order placed on me? I attended a doctor's appointment of my son's where my wife was present in the waiting room (subject of the MPO) but per prior discussion with my CO, I thought I was allowed to attend doctor appointments.

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P. Simmons

Attorney

Doctoral Degree

 
34,242 satisfied customers
I am researching UCMJ offenses. I found your response few

I am researching UCMJ offenses. I found your response few years back that article 92 dereliction of duty statute of limitations is 5 years. Is that during wartime as well (Iraq/Afghanistan)? Or is it a capital offense because it is wartime? The internet searches I have done are unclear as to how dereliction of duty is treated specifically in wartime.

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Marsha411JD

Doctoral Degree

 
18,516 satisfied customers
I am ex military and currently married to a CPT in the Army.

Hello, I am ex military and currently married to a CPT in the Army. I have been actively trying to divorce him for at least six years now. From what I understand I am entitled to a portion of his retirement, as we have been married now for 15 years. He doesn't want to sign the divorce papers because he doesn't want me to get any of his retirement. What options do I have in order to end this long ordeal? Does he have a choice in the matter of the retirement? Also since we have been separated if he draws BAH as being married with a dependant and we are legally separated does that BAH belong to me and my child, whom I have physical custody of?

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P. Simmons

Attorney

Doctoral Degree

 
34,242 satisfied customers
My wife is trying to take my son and move back to my home of

My wife is trying to take my son and move back to my home of record, NC, she has said we were getting a separation but I have not recieved or signed any papers. She also said she was gping to write or type the separation up and have it signed and notorized. Can she take my son almost 800 miles away without legally filing separation? What can I do to prevent her just up and taking him? I am also active duty Army.

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P. Simmons

Attorney

Doctoral Degree

 
34,242 satisfied customers
I want to know if I'm entitled to bah JA: The Military

I want to know if I'm entitled to bahJA: The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: No, not yet. I've done a little bit of research, I just an actual lawyer to know what I'm entitled toJA: Please tell me everything you can about this issue so the Military Lawyer can help you best. Please give me a bit more information, so we can help you best.Customer: My spouse is in the Marines- E6 w/ 13 yrs. he has orders in New Orleans in July (which I know his bah increases) As for me since we've been married I always lived in Wisconsin because of an court order custody agreement that is in place for my daughter (which is my husband stepchild) my husband also told me the only money he gets for the both of us is $250 which comes from spouse separation (my daughter and I are also in Deers)JA: Is there anything else important you think the Military Lawyer should know?Customer: Yes if I'm entitled to it. how much am I entitled to? (Also he doesn't live on the barricks) I also would like to know if it is actually true the only funds he gets for us is spouse separation.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,466 satisfied customers
Is there anything I can do help get full custody of my

Is there anything I can do help get full custody of my daughter after my ETS from the Army? I have been divorced for a year, steady income, remarried for 6 months now. I just want to have my daughter again.

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P. Simmons

Attorney

Doctoral Degree

 
34,242 satisfied customers
Military and was gone months. My ex husband and I agreed

I'm Active Duty military and was gone for training for 7 months. My ex husband and I agreed that when I come back from training, I would have my son back. It's a verbal agreement. I'm the primary physical custodian, and came back home to pick up my son, and my ex knows about my arrival. He is currently hiding my son from me. What are my options?JA: OK. The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: Yes. My divorce decree was awarded in GA, and my son is in VA. They recently moved to VA in late January to early FebruaryJA: What advice did they give you?Customer: To get my son as soon as possible, which is not feasible. My ex took him out of town. I don't know where he is.JA: Is there anything else important you think the Military Lawyer should know?Customer: Not that I can think ofJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.

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P. Simmons

Attorney

Doctoral Degree

 
34,242 satisfied customers
My name is ***** ***** I am a single mom and was wondering

My name is ***** ***** I am a single mom and was wondering if my situation is classified as a hardship in order to get a hardship early dischargeJA: Thanks. Can you give me any more details about your issue?Customer: The father has giving up all rights I have 100% legal and physical custody with no support. My parents are no longer able to take my son as stated in my family care plan due to recent medical issues with my mom being in and out of the hospital I am also experiencing issues with my son and feel that it has to do with issues with his father physically abusing me and having a knife present during an incident That occurred before our divorce and I am not able to spend enough time with my son or deal with issues since I work over 50 hours a weekJA: OK got it. Last thing — Military Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.

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P. Simmons

Attorney

Doctoral Degree

 
34,242 satisfied customers
Two Soldiers one who is legally separated and in the middle

Two Soldiers one who is legally separated and in the middle of a custody battle and the other is currently divorced, both Soldiers were placed under investigation for an inappropriate relationship which the investigation came back unfounded. The Soldier who is not divorced yet is still under a no contact order with the other soldier regardless of the outcome of the investigation. is this no contact order still be valid considering there was never any negative findings. The no contact order has been in place since october of 2015

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P. Simmons

Attorney

Doctoral Degree

 
34,242 satisfied customers
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