James Louis Miller’s Answers

James Louis Miller

Fresno Child Custody Lawyer.

Contributor Level 16
  1. I have a custody/ communication question

    Answered almost 2 years ago.

    1. James Louis Miller
    2. Hillary Johns
    2 lawyer answers

    To protect yourself and any evidence that may be obtained during the phone conversations I would suggest you get a court order allowing you to monitor calls with someone else or at the minimum advising the other party they are being monitored. If you found this answer helpful, please take a second and click the "Mark as Helpful" button at the bottom of this answer or select it as Best Answer.

    Selected as best answer

  2. Can i ask the court to allow me to take child out of country if other parent does not?

    Answered 8 months ago.

    1. Angelo Johnathan Lagorio
    2. James Louis Miller
    3. Isileli Tupou Manaia Mataele
    4. C. Logan McKechnie
    4 lawyer answers

    First look at your current orders. Do they prevent you from taking the child of the country? Many orders will state you cannot remove the child from the state for the purpose of changing the child's residence. If you have to file with the court be sure to start well before your vacation time. Court calendars are usually full and it make take a month or so (if not longer) to get the matter heard. Good luck.

    4 lawyers agreed with this answer

  3. My ex he works a lot after hours, but still he wants to have more custody. He says his new wife can watch children while he is

    Answered 8 months ago.

    1. James Louis Miller
    2. John Noah Kitta
    3. Curt Perri Bogen
    4. William Antoine Hannosh
    4 lawyer answers

    Parenting is between you and your ex, not his current wife. There does not appear to be enough to change status quo.

    4 lawyers agreed with this answer

  4. My ex filed motions to revisit custody, support and spousal. the hearing is Aug 28 and there is still no proof of service?

    Answered 8 months ago.

    1. James Louis Miller
    2. Wail Sarieh
    3. Joseph Torri
    3 lawyer answers

    Like the previous response I would suggest you go to the hearing and tell the Judge you have not been served. I would also contact an attorney in your area, many such as myself offer free consultations. I practice in Fresno and there are ways to put a stop to all this, sanctions, attorney fees among others.

    4 lawyers agreed with this answer

  5. In Ca family law is there a statue limitation when asking for protective orders, restrainig orders, and child abduction orders?

    Answered over 1 year ago.

    1. Michael Roger Schneider
    2. Ross Carlton Meltzer
    3. James Louis Miller
    4. Lisi Adriana Munayco
    4 lawyer answers

    There is no statue of limitations. The court will look at the facts and determine if there is a need for a restraining order. As stated by others restraining orders are to protect those in imminent harm. From the facts you have given I do not see a threat of harm to your fiance. What you wrote on Facebook by itself is probably not enough to get a child abduction order. I am a link to Family Code 3048 which list the factors the courts look at regarding abduction

    4 lawyers agreed with this answer

  6. Change of venue for family law?

    Answered over 1 year ago.

    1. James Louis Miller
    2. George Baker Richardson
    3. Edna Carroll Straus
    3 lawyer answers

    You have not met the elements for a change of venue therefore I suggest you meet with an attorney in your area and go over the facts with them. What often times is perceived as not fair is powered by the party not getting their way. If you feel you have been wrong meet with an attorney and see what they suggest. Many attorneys, such as myself, offer free consultations.

    4 lawyers agreed with this answer

  7. I am in need of an atty, to defend a TRO dropped on my doorstep, that is filled with slander and lies. i got it on 08/03/12,

    Answered over 1 year ago.

    1. James Louis Miller
    2. Edna Carroll Straus
    3. Richard Forrest Gould-Saltman
    4. Michelle Louise Blair
    4 lawyer answers

    First of all you have to be served correctly, dropping off on your door step is not proper. That's the first thing I would tell the judge. As has been said judges have seen it all. Tell your side calmly. Contact a local attorney to assist you if you feel you can't do it on your own.

    4 lawyers agreed with this answer

  8. CA family law question

    Answered about 2 years ago.

    1. Mary J Quin
    2. James Louis Miller
    2 lawyer answers

    My question to you would be, who paid the premiums prior to separation? There are other issues here such as they are disability payments. You need to contact an attorney in your area to review your documents.

    4 lawyers agreed with this answer

  9. Can my ex-husband refuse to allow me to take my sons on vacation out of state due to sleeping arrangements on the trip?

    Answered about 2 years ago.

    1. Michael Charles Schwerin
    2. James Louis Miller
    3. Elizabeth Jones
    4. Edna Carroll Straus
    5. Anna C Gregorian
    5 lawyer answers

    I cruise quite a lot so I am assuming that you have a suite and not just one room as one room on a cruise would be pretty crowded. I agree with my colleague I would file with the court to get a ruling because you are going out of state (and I assume the country) and there are too many things that could go wrong at the last minute (ex change his mind and raise a stink). I think your best course of action is to have an order signed by a judge permitting you to take the cruise. I would also...

    4 lawyers agreed with this answer

  10. If I have joint physical and legal custody of my son, I am supposed to claim him every other year on my taxes right?

    Answered about 2 years ago.

    1. James Louis Miller
    2. E. Martin Davidoff
    3. Christopher Michael Larson
    3 lawyer answers

    As my colleague stated your orders should address this. If they do not you can either reach an agreement by signing a stipulation and filing it with the court or file a motion to have the court make an order. I am a Fresno attorney and offer free consultations should you want to discuss this.

    4 lawyers agreed with this answer

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