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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34288
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My husband and I are going through a divorce and he's has

Customer Question

My husband and I are going through a divorce and he's has orders to move from ND to CO but he trying to put a PCA on his orders to stay is that possible. Also he had an affair and commander has to tell him of what is punishment is thing is I want to move to California with the kids and it's been a nightmare
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: North Dakota, Minot
JA: Have you talked to anyone in the chain of command about this?
Customer: About the Affair yes I spoke to his shirt and commander Monday the commander will let him what happenes
JA: Anything else you want the lawyer to know before I connect you?
Customer: Is he going to go to co or stay here in minot I will not stay here against my will and fearful I will lose my kids
Submitted: 1 month ago.
Category: Military Law
Expert:  Michael Bradley replied 1 month ago.

You cannot be forced to stay anywhere you do not feel comfortable. However, that is with regards ***** ***** and not to the children. Obviously, you aren't not going anywhere without the children. First thing, there is no guarantee that the PCA will be granted. You have not stated how long you have lived in North Dakota but I am going to assume that it is longer than six months. As such, North Dakota would have venue over any custody action that may be filed. To move to a different state, if your husband would not agree, you would then have to file a petition to relocate to in your case California. The judge would have to make a decision and ultimately decide where the children would best be. There is no guarantee that they would make you stay nor allow you to leave. It would always be best if this is something that could be negotiated by the parties.

Customer: replied 1 month ago.
He's not willing to negotiate. I've tried he wants to do 50/50 but it's hard when we moving to different states we have married 13yrs and been here for 6yrs
Customer: replied 1 month ago.
Venue meaning what that if he gets his orders canceled and gets the PCA then he wins and stays in North Dakota which are you telling me will be a hard fight so I wouldn't win is that right
Customer: replied 1 month ago.
Can you answer me back pleases
Expert:  P. Simmons replied 1 month ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Different expert here...are you still looking for an answer to this question?

Customer: replied 1 month ago.
I'm liking for a different Answer
Customer: replied 1 month ago.
I'm looking for an answer yes
Expert:  P. Simmons replied 1 month ago.

Thank you. And sorry for the delay. It seems that there is a lot going on with this...can you speak on the phone? I can offer that for a nominal additional cost ($5).

Customer: replied 1 month ago.
I don't want to talk on the phone I rather do it this way
Expert:  P. Simmons replied 1 month ago.

Can you explain your questions please?

Customer: replied 1 month ago.
My question is his my husband cheated on me and in the military we are having a custody battle we live in North Dakota and he asking to do the PCA even though he has orders to go to Colorado will the happen right now he's a FM and then he has to go back to LRS for vehicle maintenance
Customer: replied 1 month ago.
I'm trying to back to California with the kids and he wanting to try to stay here in minot or go to Colorado
Expert:  P. Simmons replied 1 month ago.

You want to know if he will PCA?

Customer: replied 1 month ago.
If they will grant him the PCA for minot even though he has orders to Colorado
Expert:  P. Simmons replied 1 month ago.

That is up to the AF. That is, he can certainly make the request to modify his orders...but if orders are cut, then this has to go to HQAF for approval.
Will they approve? You have to ask the AF that question. But certainly it is possible.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 month ago.
With him having an affair what will possibly happen to him
Expert:  P. Simmons replied 1 month ago.

Is his command aware of the allegations? If so, have they initiated an investigation?

Customer: replied 1 month ago.
they are aware I told them with my audio and text
Expert:  P. Simmons replied 1 month ago.

Thank you
In that case? I doubt he goes anyplace until this is resolved. If the AF is on notice of criminal misconduct? It is common that the command keeps him until the case is resolved.

What will happen?

If the allegations are proven true? He will be separated from the AF with a bad discharge

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 month ago.
They are true he admitted to them so he will be discharged
Expert:  P. Simmons replied 1 month ago.

Most likely? Yes...after he is punished, he will be discharged. If there is evidence of this type of criminal misconduct, my experience is that the AF will separate him.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 month ago.
Thanks dam it I don't want him out I need him in to get custody shoot and thanks
Expert:  P. Simmons replied 1 month ago.

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

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