My fiance was is Basic Training. He got injured and put into the Hospital. Therefor he did not get to complete his Training on time. He didn't graduate. He got recycle (Restarted). He has 2 small kids that are in Foster care and have been for just over 2 yrs. because of a extremely bad divorce. Will the Government give him a attorney to fight for costody of them while he is in Basic? Since he will be there 90 days December 6th, or will we have to hire a attorney our selfs to fight for costudy?
2007-11-17 21:58:52 · 8 answers · asked by Anonymous in Politics & Government ➔ Military
there is jag and it is a good lawyer it really depends on the situation
but the battle will not begin till after he has trained and completed his schooling while a solider is training they need to be focused on what they are doing and not a nasty divorce
you and your FIANCE are not married there for the court will most likely not give custody of his children to him unless you two are married there is not very many single parent soliders in the military due to the fact that the military is a high demand job and requires more time than even a persons own children do along with deployments and risks
however if you two are married you may have a fighting chance but i am no legal advisor or anything like that you are better off seeking true legal advice and because it is not your situation yet you probably wont get any help it is your fiance that needs to seek it not you
2007-11-18 09:16:07 · answer #1 · answered by Honey Badger Doesnt give a Shat 5 · 0⤊ 0⤋
One thing to note is that while soldier/sailor act does guarantee a military member protection from being forced into court in almost all instances it would be unlikely to apply here as he's not been in long enough to deploy.
And one of the the glaring gaps is in family custody cases. A number of jurisdictions have decided that the best interests of the child weigh more heavily than the interests of the parent overseas and have made judgments in the stateside spouses favor when the service member couldn't get in to court. I believe some of those cases are under appeal but I haven't seen any further information on them.
Most likely, you will have to hire your own attorney, or rather, he will. And he'll have to do it after he finishes basic.
2007-11-18 14:51:23 · answer #2 · answered by Critter 6 · 0⤊ 0⤋
the military does not provide legal aid for domestic issues whatsoever. he will NOT be able to seek out custody until AFTER he completes basic, and probably not even then. He may not be allowed to regain custody until after he completes his first term of enlistment. It depends onwhether or not he lied about having the children in the first place. if he did NOT tell the military he has children, then he committed fraudulent enlistment and he will be discharged if he tried to gain custody during his first term.
If he did tell them then he agreed NOT seek custody during his first term as a single parent. Now, if you were to get married, then he would be able to seek out custody before his first term is up.
Regardless, JAG will not represent him in any way. at most they will give him some leads to civilian lawyers.
2007-11-18 01:16:06 · answer #3 · answered by Mrsjvb 7 · 1⤊ 0⤋
he can go talk to Jag who can only refer him to someone off base, Jag doesnt handle things of that nature..although we have the Soldiers act to protect us , sadly that isnt the case always there was an article in the Army times about many single parents loosing their kids to the EX's while they were deployed, its sad and unfair I agree.
Once he completes his BCT and is shipped off to AIT he will have a better access to Lawyers and will be able to call around to find someone who can help him .
In the event one day he does get them back ( in which I hope he does0 as a Single parent with 2 small children ( I know your engaged now but in the event you dont get married any time soon) he will have to have a family care plan... someone to care for the children in the event he deploys, goes to the field or any other training he has to do over night.
Good Luck,
Armywife & Soldier parents of 3 children
2007-11-18 00:26:26 · answer #4 · answered by Justice35 4 · 1⤊ 0⤋
Usually, if he is on active military duty, the courts can not take any civil action taken until he returns. This should give him time to get back and get a lawyer. I would tell him to request to speak to a JAG ASAP. Tell him to let his Drill Sgt. know what is going on, he should be able to help.
2007-11-17 22:44:12 · answer #5 · answered by SGT. D 6 · 4⤊ 0⤋
YOU WILL HAVE TO HIRE AN ATTORNEY.... THE MILITARY DOES NOT HANDLE CHILD CUSTODY CASES OR CIVIL CASES AS SUCH... I KNOW I AM IN THE ARMY AND JUST WENT THROUGH A CUSTODY CASE....... JAG CAN GIVE HIM THERE OPINION ON SOME QUESTIONS AND PUT YOU IN THE RIGHT DIRECTION BUT AS FAR AN ATTORNEY, YOU WILL HAVE TO HIRE ONE.... HOPE HE GETS WELL SOON
2007-11-17 23:35:26 · answer #6 · answered by mp_grimmer 1 · 2⤊ 1⤋
He has to pay for his own personal legal battles! The US Army isn't there to pay for his expenses that he generated and caused ! Why do they accept these people for enlistment?
2007-11-18 02:13:21 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Sorry your own your own the army is not going to help at all. His being in may even hurt because of how long he could be away.
2007-11-17 22:36:25 · answer #8 · answered by jmack 5 · 1⤊ 3⤋