Non-Deployable Status?!?!? Military Army?

Here is my situation: My ex deployed last year and I moved in with his sister. I was giving someone a ride and not knowing he had marijuana in my truck my sister in laws folled me and took the marijuana and called the cops. The person i gave the ride to took off and I wsa never charged because i knew nothing of it. After that she kicked me and my children out. They called the child protective service and told them that the children and I had no place to live. Thsi si right after he cleared out all of the bank accounts and took everything I owned. (literally) Cps gave me the choice to give the children to My sister in law or they take them. I knew they would be better off so i gave them to her until I got on my feet. I was to have "supervised" visits with my children because I was a so called drug addict. I was ordered by the courts to take a hair drug test. And guess what it came back negative. We went to court and agreed that the children would be better off with him until I am more financially stable. But come to find out he moved my children out of his sisters house and now my children are being tossed from house to house and they're not being taken care of properly. I was just told all this and now I went to the court house to file for custody, but they told me that I REALLY need to get a lawyer. He moved my children in with his "fiance"....mind you were still married! I have called legal aid and they said they cannot help me cuz they helped him in the past...conflict of intrest. So now i am stuck I have no money and no lawyer, and I dont know what to do. Does anyone know of any other free lawyers out there? Also he told the judge that there was a clause that would make him "non-deployable" if he were to have full custody of the children. is this true? Also if he were to remarry would he still be consisdered "non deployable? "

The judge can not make him non deployable because he can NOT control what the Military does. As long as he has a family care plan he can and will deploy.

If you are still legally married and he is active duty you need to contact JAG and see if they can assist you with finding a lawyer that will help you. They won't help you because they don't deal in civil matters but they have lists upon list of lawyers for that area.

If he is considered a single parent then he cannot deploy and could face a discharge instead. But that would be if he was already divorced and had full custody. If he is still married to you then he shouldn't have a fiance right now and he can't use that in itself to avoid deploying (but having a fiance might get him charged for adultery). However, if he tells his chain of command you abandoned him he can use that to stay home but he could possibly face a discharge anyway. Since you are still married to him you can go to any JAG office for advice, not just the one that is on his base. Until you and him get a divorce you are still entitled to legal advice but if you want a divorce or custody battle that will require a civilian lawyer. But right now the cards are against you for that drug charge. Even if you tell the reason why the drugs were there the fact is that they were there and the real culprit got away.

Having children in his custody doesn't make him non deployable. The military will have him do a family care plan which will state whom will take care of the children for short term and long term care. He should have 30 days to get a plan together or he can be discharged.

There are no free lawyers. You should call around and ask if they will work on a retainer. At most they usually will give out some free advice.

This story seems a bit far fetched but gl to you.

I'm not going to go into all your other info but as far as being non-deployable no....as long as he has a family care plan(and if he gets full custody he has to have one or be chaptered out) then he can deploy.....yes if he were to remarry then he would have an automatic family care plan in his new wife.....Good Luck!