Thomas Allen Neil’s Answers

Thomas Allen Neil

Sacramento Child Custody Lawyer.

Contributor Level 13
  1. First DUI, blew .09, no criminal record AT ALL, my X followed me making 911 calls to retaliate custody and child supp issues...

    Answered over 1 year ago.

    1. Amber H Lunsford
    2. Chris J Feasel
    3. Joshua Kaizuka
    4. Thomas Allen Neil
    5. Richard Thomas Dudek
    6. ···
    9 lawyer answers

    I think an equally bad problem for you is a suspect your X probably will soon file for orders to modify custody based on your driving with the child after having drunk (regardless what your BAC was). Be prepared. You will need a local family law attorney at that time. Thomas Neil is a Sacramento attorney, with 20 years experience, representing clients in court in Sacramento, the Bay Area, and surrounding counties. Or, if you cannot afford full representation then Mr. Neil can instead...

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Can a child custody settlement proposal be used against you in court?

    Answered 6 months ago.

    1. Thomas Allen Neil
    2. Harris Justin Brumer
    3. John Vincent Montero
    4. Erick Masten Platten
    4 lawyer answers

    Courts want to encourage partiees to negotiate their own agreements. But, if your negotiation proposals could be used against you in court then no one would dare to negotiate! Therefore, by law, your settlement proposals CANNOT be used by the other party as evidence you in court hearings. Having said that; Family law Judges don't always remember or follow all the rules of evidence. SO, if the other party tries to use your prior settlement proposals against you, then ypu shouuld politely...

    6 lawyers agreed with this answer

  3. I don't to have lawyer representation but other party does

    Answered 10 months ago.

    1. Erin Patricia Farley
    2. Anne Marie Healy
    3. Glenn Richard Wilson
    4. Thomas Allen Neil
    5. Edna Carroll Straus
    6. ···
    6 lawyer answers

    If you can't afford an attorney, you might hire an attorney JUST for the purpose of writing your papers for you and helping you serve them, and then go to court by yourself. Obviously, this is much cheaper. This is often a good option; First; eighty percent of the time, judges decide matters BEFORE the hearing based on what each side has written in their pleadings (and on what the mediator says in custody cases.) So a concise, well written pleading by a lawyer, supported by proper evidence...

    6 lawyers agreed with this answer

  4. Spouse using immigration status for move away order affecting child custody severely.

    Answered about 1 year ago.

    1. Alexander Joseph Segal
    2. Thomas Allen Neil
    3. F. J. Capriotti III
    4. Mary Kathleen Neal
    5. J. Thomas Smith Ph.D.
    5 lawyer answers

    She has a right to move as any free person does. But you have a right to be with your child like any parent does. Since there has been no FINAL order there is, so far, no legal preference for one parent over the other. Therefore; You need to demonstrate to the court, in your pleadings, your relationship with your child and put your best foot forward as a parent. The court has discretion to either tell mom she can leave but that the child must stay if she leaves, or to allow her to leave...

    6 lawyers agreed with this answer

  5. Can a defendant attorney contact a plaintiff friends or family to contact plaintiff? Is this within the attorney authority

    Answered over 2 years ago.

    1. Herb Fox
    2. Frank Wei-Hong Chen
    3. Paul Y. Lee
    4. Thomas Allen Neil
    4 lawyer answers

    All of the above attorneys are correct: The attorney probably can contact your friend and family. BUT: (1) Your friends and family have no duty to talk to the attorney and in fact they can tell the attorney "go to hell" (or stronger words) and / or they can tell the attorney not to contact them again, and (2) You might mention the calls to the judge when you are next in court. Although the calls are legal they are tacky and it might give a judge a bad feeling about the attorney, so...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Kangaroo Attorney

    Answered 6 months ago.

    1. Judith Ann Routledge
    2. Thomas Allen Neil
    3. Tobie Brina Waxman
    4. Sean Patrick Lewis
    5. Bernal Peter Ojeda
    6. ···
    7 lawyer answers

    By law, attorneys cannot simply "withdraw." If he ceases representing you without following he procedures I explain below, he can get into legal trouble. For him to cease being your attorney you can BOTH sign a "Substitution of Attorney" form and serve it on the other side and file it with the court. Otherwise you attorney must bring a motion to withdraw which takes a lot of time an work on his part to arrange. His being your attorney does not stop you from obtaining legal advice. He has...

    4 lawyers agreed with this answer

  7. Does speeding over 100 mph with children in the car constitute child endangerment?

    Answered 17 days ago.

    1. Thomas Allen Neil
    2. Charles Frederick Magill
    3. Latanya Sewell
    4. Peter John Marek
    5. Andrew Stephen Roberts
    6. ···
    6 lawyer answers

    If father will come into court and say he did drive the kids at 110, great. But I doubt he will say that in court. So, you need to set a mediation date where the kids can say that it happened (IF the kids will say it; because it is hard and painful for a child to be forced to say a bad thing about their parent.) Assuming the kids do report it to the mediator, and the mediator reports it to the judge, then it is up to a judge. I have 23 years of family law experience and I know you want...

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  8. How do i get a 273.5 domestic violence charge dismissed?

    Answered over 2 years ago.

    1. Thomas Allen Neil
    2. Sean Anthony Brady
    3. Joseph Briscoe Dane
    3 lawyer answers

    Forget about habitual liar, etcetera. The ONLY important thing is the police report. If the DA has solid evidence (shown in the report) that you did domestic violence, then you better start negotiating for anger class. If the DA has no evidence (shown in the police report or later reports) then you have nothing to worry about. Some big factors are whether the police report shows any other witnesses or any children were present (if no other witnesses then it just your word against hers,...

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  9. My daughter left my granddaughter with me for a couple of months and has not been back. Can I get custody of my granddaughter?

    Answered about 4 years ago.

    1. Thomas Allen Neil
    2. Robert Paul Bergman
    3. Chris Gray
    3 lawyer answers

    Your immediate problem is that a child has been dropped into your lap, and you need to enroll the child and get the child to a doictor. But the school and Doctor won't deal with you because you are not the parent. This is a recurring problem, and California wants kids enrolled and receiving health care, so California has a solution for your problem; California law's "Caregiver Affidavit" which you can download at http://www.courtinfo.ca.gov/selfhelp/family/guardianship/documents/caregiver....

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  10. Must I share child custody with a schizophrenic who has a child endangerment/domestic violence/child protective service record?

    Answered almost 2 years ago.

    1. Thomas Allen Neil
    2. Richard Glenn Freed
    2 lawyer answers

    You need to set mediation and a custody hearing. Its up to a judge. One weakness in your case which you need to adderess; You say he is schizophrenic but you are not a doctor and so you are unable to testify that he is schizo (though you state things you have SEEN him do but he may just deny doing those things) . A court would probably want to see a Dr.s dignosis of schizo AND a diagnosis if it severe enough to prevent him from parenting. You might get a court to order a mental evaluation...

    3 lawyers agreed with this answer

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