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James Louis Miller

James Miller’s Answers

1,317 total


  • Modification of custody and parental alienation

    Hi, I have 2 daughters who are 9 and 10. I am currently going through a chapter 7 Bk, and a pending dui case. My ex husband has taken full physical custody from me due to my dui, even though my children were t involved. I still have 50 legAl...

    James’s Answer

    You don' say how often the visits were supposed to be but I am assuming more than one in 4 months. If he is violating the Court order you may file either an RFO to enforce the order or you can file a contempt action, which is quasi-criminal. Does the current order allow him to remove the child from the county? If not you have another cause of action for your RFO or contempt.

    Either contact an attorney in your area or see if your court house has a self help center.

    Best of luck to you.

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  • Getting full custody?

    My ex lives with a registered sex offender and I found this out through CPS. I didn't think my ex would have my son around people like that. What could I possible do to get my son out of the home so he can be in a stable home that's filled with si...

    James’s Answer

    Find an attorney in your area that offers free consultations. There are also attorneys who will appear on a limited scope which will save you money. This is your child you are trying to protect so you have to do whatever you need to do to accomplish that and get the assistance you need.

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  • Custody

    are all custody cases in California 50/50 now? unless you prove the other parent is unfit? it seems like all my friends divorces end up that way

    James’s Answer

    Each case is judged individually. There are many factors are considered: best interest of the child, what the current order is, do the parents try to share the child, alcohol, drugs and if the child is old enough their preferences.

    There is not a single answer each case has it's own set of facts that must be considered.

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  • CAN A ADULT SON OF MINE STAYING AT MY MOMS HOUSE GET A RESTRAING ORDER TO STOP HIS MOTHER FROM SEEING HER FAMILY

    MY SON WHOS 26 WONT LEAVE MY MOMS HOUSE WHAT CAN I DO ITS CAUSEING PROBLEMS

    James’s Answer

    Answered this question in previous post.

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  • CAN MY SON WHOS A ADULT STAYING AT MY MOMS HOUSE PREVENT ME FROM SEEING MY FAMILY

    ME AND MY SONS HAVE DIFFERENCES AND IS STAYING AT MY MOMS HOUSE NOT BY MY CHOICE HE 26 YEARS OLD AND ITS CAUSING PROBLEMS AND PREVENTING ME FROM SEEING MY FAMILY. IVE ASK HIM TO LEAVE BUT HE WONT.

    James’s Answer

    How is he preventing you from seeing your family? if your Mom is giving him permission to live there you really have no right to ask him to leave. I'm really not seeing any legal issues here.

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  • Child Custody question

    This is on behalf of my cousin whose divorce was finalized recently. During the proceedings, it was mutually decided that the mother would have 90% physical custody and the father would have 10 %. The child is a 5yr old US citizen. The mother is a...

    James’s Answer

    To give an informed response I would have to know what the Court orders say. In many orders there is a provision the child cannot be removed from the county for the purposes of changing residence. Many times orders have a clause which states any agreements outside the Court order have to be notarized. How long has the child been in India?

    Anyone can file for a modification of custody/visitation if their is a change of circumstances. Contact an attorney in your area and best of luck.

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  • How can I file an appeal to restraining order in California if I live in another state

    My brother filed restraining order with false claims against me for me not to see my mom. I could not be at hearing due to work & kids in school. Hearing and 5 year restraining order was filed April 2, 2015. I have done nothing that he claims I...

    James’s Answer

    Jurisdiction lies in California so no matter what you do it will have to be filed in California in the County where the order was issued. Contact an attorney in the County where the order was issued. Many attorneys, such as myself, offer free consultations. Take all your paperwork with you so the attorney can give informed advice.

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  • Should i seek legal help or can the evidence i have be enough?

    mother and father were never married they seperated and father moved to a different city. A verbal agreement for visitations was made. Suddenly mom changes her number father loses contact with mother. The mother remarried husband was in the army h...

    James’s Answer

    You have a complex case before you, a matter which cannot be even lightly covered in a forum such as this. As my colleagues say contact an attorney, many, such as myself, offer free consultations. Make sure you bring all your paperwork with you so the attorney can be informed.

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  • How do I file a complaint to the court on visitation issues?

    My ex is deliberate in planning events on my scheduled times (evenings) and obvious doing everything to preclude me from my "free" time w/kids. These events, like my little girls softball, she schedules on my evenings happens to put my in a very b...

    James’s Answer

    I agree with my colleague. You will need to file a Request for Order which starts the process of modifying the custody orders. I am an attorney in Fresno so I can tell you at your first court date you will receive 3 more dates, orientation, mediation and a return to Court date. If the parties do not agree there are other avenues to take at the return to court date.

    Your Request for Order should be detailed and through so the Court understands what is going on. File any documents you would like the Court to review (the mediator will also look at it)

    Many attorneys, such as myself, offer free consultations. I would suggest you contact one so you can get a more detailed explanation.

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  • Domestic violence child custody

    hi iam trying to find the exact forms i need on ca courts.org to file for custody of my children i know how to fill the papers out but cant locate the exact ones i need

    James’s Answer

    I agree with my colleague, the question you are asking is not quite clear as one section has Domestic Violence and the other doesn't. Use the forms he suggested.

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