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James Louis Miller

James Miller’s Answers

1,495 total


  • How do I separate a shared asset, our newly bought car, so that I can gain sole ownership and possibly lower payments?

    I'm moving out and eventually divorcing my abusive husband. He's been in a program for the last year, has shown great improvement, but is still a threat to me. We have one shared asset, a new car, and my name is in association with a few bills. My...

    James’s Answer

    You definitely need an attorney to help you understand about community property. As my colleague stated we cannot solicit clients from this site. Contact the Bar Association in your area for a list of Family Law attorneys.

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  • What, if anything, are my options? Do I contact the District Attorney? Notify the court?

    I have long suspected that my wife has been seeing someone else. I have recently acquired information that suggests that she has secretly married this other person. Bigamy is not legal in California. I have been preparing divorce papers but a frie...

    James’s Answer

    Do the divorce papers. As my colleagues have stated the DA is not concerned with bigamy. That marriage is void (which means it does not exist in the eyes of the law) Forget about the bigamy and deal with your divorce.

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  • How can i contact the judge in this case to notify the real story behind the scene?

    Current foster parent to a 21month old. Been in my care since 2 month old. His being neglected cps failing to protect the child. Cps has fail to hear me and the pediatrician to not only child being physically abuse and neglect-ion from emotional...

    James’s Answer

    You are not permitted ex-parte communications with the Judge. You need to file a motion to get the matter in front of a Judge. You can also contact County Counsel.

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  • Can my ex file for Child Support/Spousal Support while on Welfare?

    My ex-husband is currently receiving CalWorks, SNAP and Medi-cal through the state. I have primary custody of our daughter. When he signed up for the government programs, they opened up a case to see if I owed him child support, which they deter...

    James’s Answer

    Normally once a parent goes on aid Child Support Services will file their own child support case. You can tell him no and let the system work, don't let him pressure you into giving him money.

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  • We have limited means. My wife has a pricey atty. I can't afford my atty & am nearly out of $. Options for protecting our child?

    I'm in the midst of a divorce involving a custody dispute with a special needs child. Her mother, who has been a stay-at-home parent, is mentally ill and a daily medical marijuana user. She struggles just to get through each day, let alone care fo...

    James’s Answer

    As my colleague stated you can file for attorney fees so you can be on an equal footing with your spouse. As far as the other facts you listed I'm at a loss because you live there too and allow your child to live there. If you have all these videos and the health, safety or welfare of the child is in danger you need to file an ex-parte requesting temporary orders.

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  • How do I proceed with my case in my situation? How do I prove alienation with my son?

    I am going through a contested divorce with my husband.DOS is 5/1/2014 My trial is 1/26/2016. I was forced to move back to MA from CA, due to my credit is poor. My soon to be husband has alienated my 13 year old son against me. My lawyer is not re...

    James’s Answer

    You need to call your attorney and have a talk with her and outline what you would like to do. Let her know you want to settle. If you are in settlement negotiations I believe you should be able to get another continuance.

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  • Can i keep her from him until we work out our parenting plan now that he has filed?

    The father filed for request mediation to work out a parenting plan. i already let him take her on Saturday's mostly he had her on holidays seen her on her birthday and on some of his days off he sometimes doesn't take her but he basically wants h...

    James’s Answer

    If there are no orders you can keep her but why would you. With the number of Moms and Dads out there that don't want to be a part of a child's life why would you want to keep a father away from his child. The child needs both of you. Let him visit.

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  • What is the likely outcome from the Judge for ruling on child custody? And which will the judge favor in terms of request?

    Father filed for SF family court modification to child custody for our daughter who is 5, and will attend kinder this fall, and we both attended mandatory family mediation, and his request was: joint physical with two weekday nights back to back a...

    James’s Answer

    There are so many questions and facts that need to be looked at. Only the attorneys that work that particular court house know how a Judge might rule and that is not a guarantee. What are the change of circumstances to warrant an change in custody and/or visitation? Why do you want sole physical? Have you both taken a co-parenting class? This might be helpful to both of you as you prepare to go through the school years. Do not make the child suffer because you two could not get along.

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  • What do I do if I have a funeral on my non-custodial time

    My 10yr old daughter is with her father this weekend. We have 50/50 custody. He will not allow me to take her to a funeral on Sat for my family since it's on his day. Can/Do I go to court to put a stipulation in our court orders for funerals o...

    James’s Answer

    You can go to Court but I don't know how successful you would be. That's one of the bad things about divorces with children.

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  • What can my incarcerated boyfriend do about his ex-wife's family member filing for guardianship and denying grandmother visits?

    My boyfriend has two young sons, 8 & 7, both of who were living in the custody of my boyfriend. He was arrested and the boys stayed with my boyfriends mother. While he was fighting his case from in jail, and aunt asked if she could take the boys t...

    James’s Answer

    Have your bf go to the Court the minute he is released. It does not sound like he was served which is a requirement. Why did his Mom not go to the hearing on December 8th? Your bf needs to see if it's a permanent order. If it is he can file to have it set aside. If it's a temporary order he can appear at the permanent hearing and voice his concerns and object.

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