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I’m recently retired at y and my wife is active still. I am…

Customer Question
I’m recently retired at y...
I’m recently retired at y and my wife is active still. I am just completing rehab after 30 days due to a month drug issue but am now clean and sober and in ongoing treatment. My wife’s unit will not let her stay in the same house as me when I get home Friday. Is this legal or do I have a leg to stand on in regards ***** ***** my wife be allowed home. There are no restaining orders or anything preventing her from coming home either
Submitted: 8 months ago.Category: Military Law
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Customer reply replied 8 months ago
My wife’s mother got involved before I went to rehab and called cps. Cps came and ended up taking our daughter because my wife came up positive for amphetamines, but she has an active prescription for adderall. Cps still went forward and took our daughter and gave her to her mother. To make things worse her mothers husband has been arrested for being a predator in 2005 and her brother is a registered sex offended. So they placed our daughter in a house that’s not safe over a bs drug test that is totally legal. Now her unit on ft hood is refusing to let her come home to the same house as me. Is there anything I can do to stop them from bullying her
Answered in 25 minutes by:
11/18/2017
Military Lawyer: P. Simmons, Military Lawyer replied 8 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,495
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Military Lawyer: P. Simmons, Military Lawyer replied 8 months ago

Sorry...but I do not understand...you say that your wife's unit will not let her come home but you also say there are no orders??

What does that mean? That makes no sense...

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Customer reply replied 8 months ago
Ok so my wife’s unit got involved and is telling her that she is not allowed to live in the same house as me. There are no restraining orders or protection orders so is that legal for them to do
Military Lawyer: P. Simmons, Military Lawyer replied 8 months ago

Can you speak on the phone? This would allow me to address your concerns directly. There is a nominal ($5) additional charge. I do not time my phone calls...we can converse until you receive the information you need.

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Customer reply replied 8 months ago
Not at the moment no. I just need to know what I need to do in order to get her unit to stop playing judge and jury and what other steps I can do to protect us. Or if there is an attorney near ft hood that can help me that does pro bono work or one that takes payments since I am on va disability
Customer reply replied 8 months ago
Or if there is a number you can be reached at or you can call me(###) ###-####ext 116 my names Daniel Cody. Since I am stil in treatment until Friday
Military Lawyer: P. Simmons, Military Lawyer replied 8 months ago

I think you may be wasting your time hiring a lawyer...the lawyer has no power to prevent her commander from enforcing this order.

What you are describing is common...that is, her commander can order she remain away from you if the commander has evidence that meeting with you COULD lead to more calls to CPS. And hiring a lawyer will not change this.

Period.

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.

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Military Lawyer: P. Simmons, Military Lawyer replied 8 months ago

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil

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