James Louis Miller’s Answers

James Louis Miller

Fresno Child Custody Lawyer.

Contributor Level 16
  1. Landlord refuses to do an apartment move-out "preliminary inspection" in my presence.

    Answered about 3 years ago.

    1. James Louis Miller
    2. William Rivers Gilmore
    2 lawyer answers

    There are several things the landlord did wrong. They can not arbitrarily enter your apartment without notice. The preliminary inspection was not done correctly for the reasons my colleague has pointed out previously. Preliminary inspections are covered by code so there is no excuse for them not to follow the rules. Too many times landlords will see what they can get away with and to be honest most people don't challenge them. You need to stand up for your rights.

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  2. When filling out my response to divorce papers, should I use Proposed needs or estimated expenses?

    Answered about 3 years ago.

    1. James Louis Miller
    2. Michael J Corbin
    2 lawyer answers

    You should respond with your current expenses, which can always be amended. With the filing you can also attach a declaration that your expenses will be going up in the near future. Like my colleague who responded before me, is this for spousal support or child support (assuming you have children with your soon to be ex). Your future expenses are speculative so again use your current expenses.

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  3. Do I have to file the small claim court for this ?

    Answered about 3 years ago.

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

    You can use small claims as long as the value you are seeking is not over $7500. Understand that just because you file a small claims action does not guarantee that you will recover the furniture. The judge could find that the furniture was a gift and not return it. He could also decide to award you ex the furniture and have him pay you the value of it.

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  4. Ex is not honoring property transfer agreement of the Divorce judgement.

    Answered 6 days ago.

    1. James Louis Miller
    2. David Alexander Yomtov
    3. George Anthony Munoz
    4. Gregory Paul Benton
    4 lawyer answers

    The Judgment is basically giving the other party the option to give to one or the other. You can file an RFO for compliance but that will only drag it out longer. Is there any reason she can't transfer it to you and then you transfer it to your parents?

    3 lawyers agreed with this answer

  5. Domestic violence vs provogue

    Answered 6 days ago.

    1. Lilian Demonteverde-Hoats
    2. Robert Lee Marshall
    3. James Louis Miller
    4. Michael John Harrington
    5. John M. Rhude Jr.
    5 lawyer answers

    What is your question? You are not giving any facts.

    3 lawyers agreed with this answer

  6. Can I get emancipated?

    Answered 6 days ago.

    1. Daniel Curtis McCammon
    2. Jay Carl Stoegbauer
    3. James Louis Miller
    4. James K. Carroll
    5. Laurie Peters
    6. ···
    6 lawyer answers

    I agree with my colleagues. At least consult with an attorney so you can be prepared to present your case. I have seen good cases lose and bad cases win so it's hard to say what a Judge would do in your circumstances. It helps that you appear to be on the road to being self supporting. Good luck to you.

    3 lawyers agreed with this answer

  7. Sole Custody and International Travel w/ Minor

    Answered 6 days ago.

    1. Tobie Brina Waxman
    2. Shazad Z Omar
    3. James Louis Miller
    4. Lilian Demonteverde-Hoats
    4 lawyer answers

    I agree with both my colleagues. Go over your orders and ensure there is not a section that deals with traveling outside the U.S. Many orders will state you cannot leave the State, County where the child is located for the purpose of changing the child's residence. This means you can travel but you can't take up residence somewhere else. Other orders state you cannot remove the child without the written consent of the other party. It's important to know what your orders say.

    3 lawyers agreed with this answer

  8. Can I request a continuance on my child custody case because I just discovered new information that my ex was withholding from m

    Answered about 2 months ago.

    1. Edna Carroll Straus
    2. Robert Andrew Michael Burns
    3. Judith Ann Routledge
    4. James Louis Miller
    5. Stephen M. Shirley
    6. ···
    6 lawyer answers

    You can always request a continuance but the Court does not always have to grant it. You must show good cause to continue a matter. Regarding moving I don't see enough information for me to give an informed response. What are the current orders, are you moving out of state, have you filed a move away.

    3 lawyers agreed with this answer

  9. Not married, have a child, relationship did not work out. Want full custody of my son.

    Answered 8 months ago.

    1. Michael Charles Schwerin
    2. James Louis Miller
    3. Gregory Paul Benton
    3 lawyer answers

    have you requested a restraining order for the verbal and physical abuse? You an go anywhere you like since there currently are no court orders in place. Should you try to hide your child? NO Speak with someone in your area that can guide you on how to handle this matter. You have remedies, in fact several. Many attorneys will give you a free consultation (not meant to tell you what to do) you should seek out a professional.

    3 lawyers agreed with this answer

  10. Can voice mail be used in family court as evidence?

    Answered 8 months ago.

    1. Stephen Ross Cohen
    2. Joseph Torri
    3. John Ely Stobart
    4. Robert T Senh
    5. James Louis Miller
    5 lawyer answers

    Judges here in Fresno County prefer a transcript

    3 lawyers agreed with this answer