Legal Question in Military Law in Colorado

I am an active duty airmen and my husband is as well. He recently got tasked to deploy next year and my cycle is coming up with no tasker yet. We recently visited his family and I discovered that my in-laws still use marijuana. They say they are "addicted" and do it multiple times a day. There seemed to be no concern that my family and their grandchild were staying there. I can no longer trust them to take care of her if we were both to deploy. I have nobody else; my sister is AF, preparing to deploy, and my mother is on disability and can barely walk for more than 10 minutes. I don't want to wait until I get tasked and the AF say I am using this to get out of it!.. Does anybody have details of hardship separation/ideas/ advice? Thank you, Michelle


Asked on 8/04/10, 6:27 am

2 Answers from Attorneys
James Matthew Branum James M. Branum, Attorney at Law

A good starting point of information can be found at: http://www.girightshotline.org/discharges/hardship/fact-sheet/index.shtml

After that, I would recommend either talking to the GI rights hotline (their phone # is at the link above) or talking to a civilian attorney who practices military law. The key on a hardship/dependency discharge is documentation. You have to make a really strong case to get discharged, and likely only one of you will be able to get discharged (since the other spouse can stay home with the kids) in the end.

Those are just generalities though. Please review the materials at the link above and then call for more specific help.

Good luck!

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Answered on 8/09/10, 9:17 pm
Gary C. Johnson Attorney Gary C. Johnson

Consider giving temporary custody to a trusted friend or a state sanctioned foster care family. A competent attorney can help you prepare the appropriate documents. I do not get the impression that you really want to leave the air force.

DISCLAIMER�This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship. http://www.garycjohnsonlaw.com 720-323-3776

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Answered on 8/10/10, 3:22 pm


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