Skip to main content
James Louis Miller

James Miller’s Answers

1,335 total


  • If unwed who has custody of child when no longer partnered?

    No custody has ever been established, however paternity is. Who has custody if no longer together & unwed?

    James’s Answer

    You should get Court orders as soon as you can if there is a dispute. Either parent is permitted to have the child and travel with the child wherever they want.

    See question 
  • Do i need to notify non custodial parent of relocation with a child?

    Other parent has no custody and no visitation.

    James’s Answer

    My question would be, is there a Court order? Absent a Court order you may move about freely with the child.

    See question 
  • Do I need to notify the courthouse of my change of address in a child custody case?

    I am the petitioner in this case. I have moved since opening my case and I still use my previous address (sisters home) to collect my mail. Is it wrong to just leave my previous address on file? Do I need to notify the judge and respondent of the ...

    James’s Answer

    I would suggest you advise the Court of your new address especially if the child ever resdies with you at that address.

    See question 
  • Does a childs last name determine who gets primary custody of a child?

    I am pregnant now and do not know the father. One possibility is my ex boyfriend who wants to be part of her life, however we are not together and i want her to have my last name either way. Will this give me primary care and parentship over her? ...

    James’s Answer

    Absolutely not! The best interest of the child and the fitness of the parents determines who gets primary custody.

    See question 
  • Can my family offer money to the mother of my child to allow me primary custody in California.

    The amount would far exceed what the mother would receive in child support from now until my child is 18.

    James’s Answer

    Why offer money? Why can't you and the mother come to an agreed upon visitation plan that will serve the best interest of the child? What's wrong with the mother that she does not deserve time with the child? Better yet what's wrong with you that you have to try and buy your child?

    A child is not property to be bought or traded. A child is a person to be loved, cared for and shared by both parents.

    See question 
  • Should I hire an attorney for my joint custody to be sole custody?

    The father of my son filed for a paternal order. The judge gave him monitored visits that he never went too. Then when we went back the attorney that's I had filled out a stipulation for visitation and joint legal and physical custody. At that tim...

    James’s Answer

    Sole custody is a difficult path to take. You say it was all show but is he working, is he going to school. When yous ay act together did he have an alcohol/drug problem?

    You say the attorney filled out a stipulation but you agreed to that stipulation.

    See question 
  • Can someone take custody of a child without the custodial parent knowing?

    2 days after Christmas my parents kicked me out knowing I had nowhere to go. I have a daughter who is now 13 months old. We came to an agreement that she would sleep at their house at night unless I had a place to stay. Everyday I would go to thei...

    James’s Answer

    The first thing you do is ask to see the Court order. If they do not produce it and you want your child I would contact the police as this borders on abduction. If they did get an order and did not notify you then file a Motion to Set Aside the Decision since you did not have notice.

    A court cannot do anything to take or restrict your custody of your child without you first having notice, which basically means someone had to have served you something.

    See question 
  • 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

    This question has been answered, see my others responses

    See question 
  • 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.

    See question 
  • 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.

    See question