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James Louis Miller

James Miller’s Answers

1,335 total


  • In 2011 in custody hearing, child exemptions where split. One parent violated order. Can this parent be sued?

    In 2011 I received less that 50 time share but was supposed to claim one of my children on my taxes for all these years. In every child support modification hearing, I brought this to the attention of the Judge(commissioner) and it was pushed asid...

    James’s Answer

    Claim the child and use the Court order as your evidence. Also fill out an IRS Form 8332 to alleviate this problem in future years.

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  • Will this harm my child custody case?

    I have filed in May for physical custody of my child and joint custody with the other parent. The other parent took till almost two months later to respond. Which in turn pushed court back. Then got a last minute lawyer whom requested additional t...

    James’s Answer

    Why did her delay in filing a response push the Court date back? The Court should have moved forward.

    It's not your fault you could not enroll your child in school, so no the Court will not hold it against you. What the Court will consider is her withholding the child from you. California wants the parents to share their children.

    If you can afford an attorney I would suggest you retain one. At lease try to get a free consultation so your case can be reviewed.

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  • Where can I find paperwork on how to draw up an agreement of custody and do I need it notarized or witnessed by a grandparent?

    My ex girlfriend and I have a verbal agreement on custody by I would like something in writing I've have had custody of my son since he was about a year ...I enrolled him in school and make all decisions like school , medical, dental,..I moved to ...

    James’s Answer

    It's important you file a Request for Order to establish parentage and have custody and visitation orders put into place. Without orders either parent can just take the child anywhere.
    Many attorneys, such as myself, offer free consultations.

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  • Whats a judgement of paternity?

    Ive been told if I dont ask the judge for a judgement of paternity that I will have to redo the entire process again. Im taking my childs father to custody court and he wont be there since hes in prison for a sex offender crime. Also I have eviden...

    James’s Answer

    It is a Judgment by the Court saying that a man is the father of a child. So go back to self help and have them help you complete the process and best of luck.

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  • Do I need a lawyer to move forward

    Hello, i have joint legal custody of my 2 children, with primary residence with me. There dad has them 2 nights a week or sometimes less. However my question is, if I have a custody agreement in the state of Minnesota and I've lived in California ...

    James’s Answer

    When you say "custody agreement" do you mean a Court order? There is a difference and it's important to how you proceed. If it is a Court order you should have filed it with the Court when you first arrived in California.
    California is now the children's home state therefore I would file a Request for Order for a move away.

    Contact an attorney in your area, many, such as myself, offer free consultations. Move away request can be difficult so let an attorney review your case.

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  • Whats going to happen at child custody/visitation court if child's father is in prison? Can his family testify for him?

    Hes in prison for 2 years for having sex with a 15 year old (must register as a sex offender now). Not only that, but I have photos and videos of physical abuse he has done to me. Also he put my child in danger, but I never pressed charges so the...

    James’s Answer

    • Selected as best answer

    A couple of factors come into play here. 1. He's in prison and it's unlikely the State will bring him to the hearing, 2. he's a registered child molester which brings up even more family law codes to be considered. You should do fine.

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  • What can I do, legally, to a man that lied to me about our marriage, ultimately finding out there was no marriage?

    I decided then I would get a divorce, upon calling the minister that performed our marriage, he says he cannot find any records. But he married me and John in his own house! John and he go back many years when attending ministry school together. I...

    James’s Answer

    • Selected as best answer

    You can still file for divorce even without a record of the marriage. If during the course of the dissolution you find out you were not married you could claim "putative" spouse which could entitle you to the majority of rights just as if you were married.

    Contact an attorney in your area. Many, such as myself, offer free consultations.

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  • Can I file for divorce for my disabled mother to her husband that is living with another woman.

    well my mother has been disabled since 2011 and been living with me since 2012.she is now currently hearing impaired and speech impaired and cannot comprehend or understand many things that surrounding her and her new living condition. Her husband...

    James’s Answer

    For you to file a Petition for Divorce for your mother you would have to have either a Power of Attorney, Guardianship or Conservatorship. Power of Attorney is pretty straight forward but if your Mom does not have the capacity to sign one you will need to use one of the other two options.

    I am an attorney in Fresno and many of us offer free consultations. Contact an attorney and get your case reviewed.

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  • What is time limit in Texas, to open a civil case against my father for child abuse, if I am disabled as an adult because of it?

    All my life I have suffered with drug addiction, emotional problems, mental illness , and domestic abuse, and now on disability, all as a result of child abuse. Psychological and Physical abuse, of which I have photos of and police reports, of whi...

    James’s Answer

    I agree with Mr. Kane. You need to contact an attorney in Texas to determine what the Statute of Limitations are.

    Best of luck to you.

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  • Child custody: my children's father and I have joint physical and legal custody, he is talking of moving out of the city/county.

    Part of the order states no change in school is permitted without agreement from both parents. He changed schools prior to the order without my permission, and the current school has been maintained by all three of our children since 2011. I moved...

    James’s Answer

    Look at your order. Is thee a clause that states neither parent shall remove the child from the County of _____of the purpose of changing residence. Most orders in Fresno County will have this clause which means the father will have to seek a move away order. He cannot arbitrarily move the kids without your consent.

    I practice in Fresno County and many attorneys such as myself offer free consultations. I would suggest contacting one and have them review the facts in further.

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