James Louis Miller’s Answers

James Louis Miller

Fresno Child Custody Lawyer.

Contributor Level 16
  1. Can Uncontested Divorce Judgement be successfully appealed.

    Answered 12 months ago.

    1. Gregory Paul Benton
    2. Herb Fox
    3. Michael Douglas Shafer
    4. James Louis Miller
    5. Joseph Torri
    6. ···
    7 lawyer answers

    Your ex has a big hurdle to overcome. With the facts you have give I see no basis to have the Judgment changed. She signed the agreement therefore 473 would probably not help her.

    11 lawyers agreed with this answer

  2. How can I find out if I have custody over my 17 year old?

    Answered 12 months ago.

    1. John Henry Perrott
    2. James Louis Miller
    3. Robert Andrew Michael Burns
    4. Colleen Anne Warren
    4 lawyer answers

    Contact CPS or the Dependency Court to obtain copies of any orders that are currently in place.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. I am a tenant with a year lease which states my utilities are included in my monthy rent.My water has been turned off by DWP.

    Answered over 2 years ago.

    1. James Louis Miller
    2. Yousef Monadjemi
    3. Kevin Samuel Sullivan
    3 lawyer answers

    Your landlord must pay the utilities if the lease calls for it. A 3 days notice cannot be sent to everyone for the non-payment of one person. If each person has a separate lease you are not responsible for another persons. If the water has been turned off you unit is now uninhabitable and you may claim damages if the landlord does not remedy the situation.(Civil Code 1942.4)

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  4. TENANT WITH OXYGEN TANK

    Answered over 2 years ago.

    1. James Louis Miller
    2. Kevin Samuel Sullivan
    2 lawyer answers

    I would say this probably violate the Housing Act but check with the Department of Fair Employment and Housing and see what their position is. You might also check the American with Disabilities Act.

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  5. What happens if you think you were served in a shorter period than allowed in family law

    Answered over 2 years ago.

    1. Michael Charles Schwerin
    2. Linda D Roberts-Ross
    3. James Louis Miller
    4. Craig Scott Pedersen
    4 lawyer answers

    I practice Family Law in Fresno and my colleague is correct. Usually (depending on what the response is to) the courts are not that strict on late responses, which is actually a good practice. If you complain it is late the court can continue the matter. It's going to be heard so why not hear it on the day it is supposed to be. The best thing to do is try to meet with the other party before court and see if you can reach some sort of agreement. I offer free consultations if you would like to...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Criminal Conviction during a child custody battle, what happens after?

    Answered 12 months ago.

    1. James Louis Miller
    2. Shazad Z Omar
    3. Curt Perri Bogen
    3 lawyer answers

    Family Code section 3040, " the court shall consider, among other factors, which parent is more likely to allow the child frequent and continuing contact with the non-custodial parent." I would retain an attorney from you area and file a Request for Orders modifying the current custody/visitation orders. I would say you have enough in your favor to obtain a ruling in your favor.

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  7. Child Custody

    Answered over 1 year ago.

    1. James Louis Miller
    2. Anne Marie Healy
    3. Martha Bronson
    3 lawyer answers

    If you have a court date coming up I would suggest filing a Supplemental Declaration letting the Court know what is going on when it is just you two. You must say this in a form that is not bashing the other side. You can mention that most of the problems come from his current wife and not from the two of you.

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  8. Can I stop my ex wife from moving 254 miles away with our 9 year old daughter, if we have joint legal and physical custody?

    Answered almost 3 years ago.

    1. James Louis Miller
    2. Edmund Lee Montgomery
    3. Richard H Wilson
    3 lawyer answers

    The court looks at the best interest of the child Family Code 3011. Your ex can not just move with the child, she is going to have to file a Motion. The court is going to look at why the mother has moved the child so much in the last 5 years and what the purpose of the requested move is. Is the move motivated by bad faith, meaning is she just trying to keep the child away from you and is the move in the best interest of the child. You will need to show that the move will be a detriment to...

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  9. My ex filed a set aside motion with family court

    Answered 12 months ago.

    1. James Louis Miller
    2. Richard Forrest Gould-Saltman
    3. John Henry Perrott
    3 lawyer answers

    Motions to set aside are normally granted however you have some facts that could possibly overcome his excuses for not showing. The fact that you reminded him and he text you the day before could be held against him. Be sure you have the text message in paper form and file it with your response.

    5 lawyers agreed with this answer

  10. CA Court Form to RESPOND to a Responsive fl-320??

    Answered over 1 year ago.

    1. Anne Marie Healy
    2. James Louis Miller
    3. Martha Bronson
    3 lawyer answers

    I agree with Ms. Healy's answer. I title mine the same

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

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