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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19182
Experience:  Lawyer and current JAG officer.
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My son is married with 2 children ages 19 months and 2 months

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My son is married with 2 children ages 19 months and 2 months old. His wife is active duty military in the marine corps stationed at camp pendleton ca. He was also in the marines but was honorably discharged in November of last year. They live on base in military housing, he is currently unemployed so he is the primary care giver for the children during the day then he attends school at night. His wife filed for divorce and served him divorce papers last month. She originally said he could continue to care for the children during the day and that he could stay in the home. Yesterday she told him she wanted him out of the house and she began taking the kids to her friend to watch during the day. Yesterday he stayed at a friends to avoid a confrontation but today he tried to return to the home and she changed the locks on him. What rights does he have as far as being able to stay in the home and take care of his children.
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.

He should not be kicked out of housing. That housing is in place for the care of dependents, not the military member. Until a divorce is final, he should not be kicked out.

He needs to contact her commander and ask who the family liason is for on base AND tell the commander that he, the dependent, was kicked out of housing by the military member. That should not be happening without good cause, like evdience of abuse recorded by the military and acted on through a restraining order. Even then, she would be required to provide certain financial support to him.

As for the custody issue, the military is not going to get involved with that. The military has no control over custody/care arguments. He'll have to contact the court that is hearing their divorce that she filed and request some sort of pre-divorce order that sets the ground work for custody, visitation and care as the divorce goes forward.
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Customer: replied 4 years ago.

Thank you for your help

No problem. Take care.

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