Legal Question in Military Law in Texas

Obtaining Court Records on a Military Person

I'm located in VA, son's father is stationed in Ft. Hood, TX

Father hasn't paid child support in 3 months. VA dept of Child suport says he is on Non-Pay Status. I've been told this means he is locked up.

I want to protect my son from his father (because of past incidents and possibly the present). I need evidence of what he's done. The military won't tell me anything.

I can't take him to court because he won't give me a physical address. The Army will also not give me an address.

I would like to know if there is a way to find court records so that I may send them to the judge before he shows up again to pick up my son.

Asked on 3/07/06, 12:40 pm

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Re: Obtaining Court Records on a Military Person

Your efforts appear somewhat misdirected. First of all, you give no indication as to who exactly in the military you contacted in order to obtain information on the status of your son's father. A letter sent to his commanding officer, clearly identifying yourself, requesting the nature of the charge, projected release date, date when you can expect child support deduction to resume,etc., are all reasonable requests and one to which the commanding officer is likely to respond. Whatever offense the boy's father has been charged with quite likely will have little influence with the court in terms of

affecting his right of visitation with his son(unless, of course it was somehting to do with molestation, sexual battery or some other crime of violence.)

If your intent is to petition the J&DRDC to have the current order of visitation modified, you may have to wait until the father returns to Virginia in order to have him properly served with notice of the hearing in which you seek to curtail his visitation.

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Answered on 3/07/06, 11:09 pm

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