James Robert Fox’s Answers

James Robert Fox

Oceanside Criminal Defense Attorney.

Contributor Level 13
  1. Can I modify a recent custody order due to the emotional distress my daughter is enduring due to her forced overnight visits?

    Answered over 1 year ago.

    1. James Robert Fox
    2. Richard M Renkin
    3. Stephen Ross Cohen
    3 lawyer answers

    This situation, sadly, is not uncommon. However, you are between the preverbal rock and the hard place. The Court is trying to balance the rights of the father and the relationship between Father/Daughter against your time and history with her. Public Policy sides with him in that society wants a child to have both parents involved in the child's life. And, sometimes that can appear traumatic for the child. I would recommend you keep a keen eye on her behavior while supporting her visits...

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  2. What happens after you get caught shoplifting?

    Answered over 1 year ago.

    1. James Robert Fox
    2. David Aaron Wiesen
    3. Stephanie Michelle Arrache
    4. Frank Mascagni III
    5. Allison Brandi Margolin
    6. ···
    6 lawyer answers

    You seem to think because you are 18 and not 19 this will not be on your record. This is incorrect. A shoplifting conviction will remain on your permanent record for your lifetime unless you are PARDONED. You can have it expunged after you complete probation, but it will remain on your record. You say you paid an amount. I would guess this was the CIVIL fine the store itself is permitted to charge you for its loss prevention; this does not mean your CRIMINAL matter has been disposed of....

    7 lawyers agreed with this answer

  3. Is there any way to get a paternity test court-ordered against the will of my "father"?

    Answered 3 months ago.

    1. James Robert Fox
    2. Edna Carroll Straus
    3. Richard Forrest Gould-Saltman
    4. Stephen Ross Cohen
    4 lawyer answers

    Not after you have reached 18. There is no court case to have a court order it. However, just get a strand of his hair, some saliva off a cigarette butt. take that and get a DNA test

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  4. 50/50 custody of my daughter and wanting her to go to school in my district, any legal advice?

    Answered 7 months ago.

    1. John Noah Kitta
    2. James Robert Fox
    3. Michael Edward Finein
    3 lawyer answers

    The court is looking towards the best interest of child. You are correct in thinking if she goes to school there now, it is mostly likely they would want to continue this. However, you have to be concerned about how a 50/50 arrangement will be workable when she heads to elementary school. Can you get her there? Can he get her there? Who will pick up. Check the distances, try to work the schedule as if she was already attending elementary school... If the schedule works best for you, that...

    5 lawyers agreed with this answer

  5. Should I have heard about an ex-parte form me ex-husband or the courts?

    Answered almost 2 years ago.

    1. James Robert Fox
    2. Shawn Robert Bunyard
    3. Isileli Tupou Manaia Mataele
    4. Tammi L Faulks
    5. Zephyr Savoy Hill
    5 lawyer answers

    It appears your ex was trying to give you exparte notice. This notice has to be given by 10:00am the day before the hearing, unless there is some necessary reason (which is uncommon). He was SUPPOSED to tell you the time, date, department, and the reason he is going exparte and what he wants the court to order. Many times Pro Per litigants screw this up. BUT, you can be assured he will fill out the form saying he gave you notice. Exparte's are for EMERGENCY situations. There has to...

    5 lawyers agreed with this answer

  6. Can I go back to family court with evidence of pergury a year after the final hearing?

    Answered 10 months ago.

    1. Steven Parnell Weaver
    2. John Henry Perrott
    3. James Robert Fox
    3 lawyer answers

    Your finding out about the falsity of the letter would have to have been recent. Otherwise the court will question your motivation for holding on to it. I would not go back for the sole purpose of claiming perjury though. I would file a new motion for modification of custody and bring it up then. You will need a signed and NOTARIZED letter from your ex with the 10 year old specifically stating she did not write the previous letter. Even better would to have her present to testify she did...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Did the state of Georgia do away with the statue of limitations?

    Answered 7 months ago.

    1. James Lawrence Yeargan Jr.
    2. Daniel Ray Partain
    3. William Daniel Davis
    4. Benjamin David Goldberg
    5. Alexander M. Ivakhnenko
    6. ···
    6 lawyer answers

    Most states have SOL that vary from crime to crime depending on their severity. Tha above posters are correct, that some crimes (murder) have no SOL. Even some sex crimes SOL's have been extended. Check your local bar association, or consult with an attorney to discuss your particular concerns.

    6 lawyers agreed with this answer

  8. Public defender of Private attorney?

    Answered 9 months ago.

    1. Steven W Zachary
    2. John Arthur Daniels
    3. Karen J Mockrin
    4. Mark Copoulos
    5. Michelle Louise Bell
    6. ···
    12 lawyer answers

    Try this. https://vimeo.com/22527188

    6 lawyers agreed with this answer

  9. Can the News paper print a story slandering my name on criminal charges i have not been convicted of?

    Answered 9 months ago.

    1. Majid Vasigh
    2. James Robert Fox
    3. Don Paul Harvey
    4. John Arthur Daniels
    5. Angelo Marino Jr.
    5 lawyer answers

    News reporting agencies have an additional layer of protection when it comes to slander/defamation. You have to be abel to show they KNEW it was not true and MEANT to do you harm. it is VERY HARD to show this. Your situation sucks, but there is little you can do about it, other than get the charges thrown our and hold your own press conference.

    6 lawyers agreed with this answer

  10. Daughter/spouse domestic violence incident kids ages 1 & 2 removed from home next day placed with foster family 3:00 am

    Answered 5 months ago.

    1. James Robert Fox
    2. Stephen Ross Cohen
    3. Robert Andrew Michael Burns
    3 lawyer answers

    There is more to this story I will bet. Usually CPS tries to place the children with extended family first. Did you let them know you were available? Usually adoptions takes some time. This must have been going on for quite a while. Hire an attorney and quick. Once the adoption goes through it is nearly impossible to reverse.

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