James Louis Miller’s Answers

James Louis Miller

Fresno Child Custody Lawyer.

Contributor Level 16
  1. Can I give divorce to my husband?

    Answered about 3 years ago.

    1. Mary J Quin
    2. James Louis Miller
    3. John Noah Kitta
    3 lawyer answers

    Yes you can divorce your husband, California is a no fault state therefore you do not have to state a reason except irreconcilable differences. I suggest you contact an attorney in your area to assist you. You may be eligible for some reimbursement of the money he took out of the bank and the car he took.

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  2. Court online docket question

    Answered about 3 years ago.

    1. James Louis Miller
    2. Frank Wei-Hong Chen
    3. Jake Allen Walton
    3 lawyer answers

    This was answered previously but because it is an attorney filing has nothing to do with it. I practice Family Law in Fresno and this has been an ongoing situation where some tings get posted before others. There are a number of clerks and they post when they get the time. As stated remember that Banner is not the official record of filings.

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  3. Filing and serving question upcoming court day

    Answered about 3 years ago.

    1. James Louis Miller
    2. Michael John Harrington
    3. Edna Carroll Straus
    3 lawyer answers

    It this is a reply as I understand it to be you have 5 court days prior to the hearing. I practice Family Law in Fresno and offer free consultations if you would like to discuss your case.

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  4. How do i put my landlord on "notice" ? what does that mean?

    Answered over 3 years ago.

    1. James Louis Miller
    2. Pamela Koslyn
    3. Frank Wei-Hong Chen
    3 lawyer answers

    No self help is permitted in California: a) A landlord shall not with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property used by a tenant as his residence willfully cause, directly or indirectly, the interruption or termination of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, telephone, elevator, or refrigeration, whether or not the utility service is under...

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  5. If you are given supervised visitation with your children...

    Answered over 1 year ago.

    1. Nadine Marie Jett
    2. James Louis Miller
    3. Reynaldo Carrillo Pulido
    3 lawyer answers

    I agree with the previous response but would like more information. Why are the visits supervised? Here in Fresno there is usually a section allowing for communication via telephone with a child. Many attorneys, such as myself, offer free consultations. You should take advantage of that and allow an attorney to gather more facts and review your paperwork. After reviewing the facts an RFO (Request for Order) may be appropriate. Good luck.

    3 lawyers agreed with this answer

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  6. How many times can my ex spouse claim cohabitation as a tool to decrease my spousal support?

    Answered about 2 years ago.

    1. Howard M Lewis
    2. Isileli Tupou Manaia Mataele
    3. Jennifer Caroline Groce
    4. James Louis Miller
    4 lawyer answers

    There are limits to which your ex can go to obtain information. It seems like he could be bordering on harassment. As far as spousal support, when there is a change in circumstances he can take the matter back to court. It seems like you are succeeding in defeating his motions but are you asking for sanctions or attorney fees. It seems like money is a big issue with him so hit him where it hurts, his wallet.

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  7. Can a mother be obligated to pay child support to the father who has primary custody?

    Answered over 2 years ago.

    1. James Louis Miller
    2. Matthew Scott Crider
    3. Vincent Barney Garcia
    3 lawyer answers

    If this is your second time asking about child support you need to contact an attorney for help. There is no in favor of one party or another. Child support is based on many factors including income and time share. The courts have the right to impute wages on parents i.e. the court may say that your husband has the potential to make more money but chooses to go to school. Too many people use the school excuse. The law states the support of the child takes precedence over everything. There...

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  8. My husband left me a month ago and I have not heard of him, what have I do for get divorce?

    Answered almost 3 years ago.

    1. James Louis Miller
    2. Michael Charles Schwerin
    3. Donald Frederick Conviser
    3 lawyer answers

    You certainly have the right to file for divorce, however there are many factors that should be considered before you file the paperwork. Are there children? Is there a home involved? Did you work during the marriage? I would suggest you contact a Family Law attorney in your area. I practice Family Law in Fresno and would be happy to give you a free consultation, give my office a call or drop me an email.

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  9. Have I ever been married to second husband?

    Answered almost 3 years ago.

    1. James Louis Miller
    2. Robert Ricci
    2 lawyer answers

    I practice Family Law in Fresno and can tell you that an attorney cannot bring back a marriage that is already dissolved. Read banner (Fresno's report on cases) and see if there is a judgment for your first marriage. What might have happened is you matter was bifurcated (property dispute split from divorce) which means there is still property issues but the divorce has become final. If your first marriage is not dissolved then your second marriage is voidable and you would have to take steps...

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  10. How do I start an out of state custody case?

    Answered about 3 years ago.

    1. James Louis Miller
    2. John Richard Hughes
    2 lawyer answers

    I am assuming you are asking for help in how to regain custody or at least more visitation with your children. If the current court order is from California you can file a Motion or an OSC to modify custody/visitation. This would be filed in the county where the order was issued. If the orders are out of Washington you will have to file a motion in Washington to either modify custody/visitation or to change venue. If the children have been residing in Washington and the order is out of...

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