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James Louis Miller
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James Miller’s Answers

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  • Will I lose legal rights to Equity on the house if I move out due to a unsafe environment?

    Married for 10 years and I am on the title of the home. Very hostile and ugly atmosphere living under the same roof and I want to move in with my parents. I financially can not afford a place of my own. I don't know if leaving means I give up the ...

    James’s Answer

    have you filed for divorce?

    Leaving the home does not cause you to lose equity in the home as long as it's community property and was purchased during the marriage. Even if the home was purchased prior to the marriage there could be reimbursement if community funds were used to repair the home or pay the mortgage. You should talk to an attorney in your area. Many, such as myself, offer free consultations to review your case.

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  • Can I get a retraining order of my daughter's behalf against her grandma?

    My ex's mom, calls my daughter her daughter and when she was 1 month and a half, I was changing her and she took her away from my arms, and I got mad kicked her out of my house, she sent me threatening messages and told me that she would fight for...

    James’s Answer

    For a restraining order you would need some recent facts as well as past acts. Another way to do this is to file an RFO for custody and have the Judge order the child is not to be around the paternal grandmother. Contact an attorney in your area. many, such as myself, offer free consultations to review your case.

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  • What should respondent say during domestic violence restraining order hearing?

    Without giving details, would a judge find it rude if respondent simply stated "I am not giving any facts about the case, however I am not contesting the orders" What type of things should the reapondent say when asked questions by a judge without...

    James’s Answer

    As busy as the Fresno Courts are, actually all courts, you would not have to say anything except you are not contesting the orders. It's not considered rude as long as you don't communicate it that way.

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  • Can a only surviving parent sign over guardianship of a child permanently?

    Hello Mother is deceased. Father is alive an does not want any interaction with child. Maternal Grandma has had custody of child since mothers death. Can the father permanently sign over the guardianship to the grandma? The thought is to even...

    James’s Answer

    The father can consent to guardianship of the child. For adoption to take place his parental rights would have to be terminated which is another process.

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  • When the legal system turns a blind eye to child abuse/neglect, now what ? I have no idea where to go next for help.

    My stepson is is the most destructive divorce that I have ever witnessed in my 70 years of life. The soon to be ex-wife is pregnant with her young boyfriend's love child. This divorce has been going on for 1 1/2 years now with no end in sight. T...

    James’s Answer

    There are remedies that your step-son could utilize. Trying to explain the process would be too long for this forum. I would suggest your step-son contact an attorney in the area, many such as myself offer free consultations to review the case.

    From what you have shared this needs to be taken to Court.

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  • Can my aunt get child support money from my parents if I live with her ?

    My mom and I never get Long we always fight we did counseling it doesn't work for us .my father and I don't get along either when I was a kid he was in and out of jail and he is an addict and has mental issues and some times could get aggressive

    James’s Answer

    There is a legal process that must be followed before your Aunt would be permitted to file for support for you. That process I feel would involve a Guardianship which would permit your Aunt to make decisions regarding school, medical etc. Once a guardianship is done then she could begin the process of requesting child support. Guardianship is a complicated process so I would suggest your Aunt contact an attorney in your area. Many attorneys, such as myself, offer free consultations.

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  • What can I do to get my children back if I've completed all that was asked of me?

    Completed all that was asked from cps with their services, I also completed all requests for the second time without services from cps because services was terminated due to my arrest for probation violation(not associated with my cps case)and ca...

    James’s Answer

    I do dependency cases and I can tell you there is a lot more to your story and without that information it would be impossible to give you an informed response. You should have a Public Defender, have you spoken to them about your situation.

    Many attorneys, such as myself, offer free consultations. You should contact one and take all your paperwork to them so a review can be done and advice given on how to proceed.

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  • How/Can I revise travel exp. so it is fair? I feel like I'm only holding his contribution just to use it to benefit their visit.

    I currently have primary custody of my 7 YO daughter. We reside in Ca. Her father lives in IA. He has visitation on alternating major holidays and for a month each summer. Our modes of transportation must be previously agreed upon, or it defaults ...

    James’s Answer

    I would have to look at your orders so I can see the exact wording however if it says you must agree then it defaults to flying than that is what it says. If he can't abide by the order it is not you who is withholding the child.

    It seems you are paying $2,000 per trip, I know for a fact there are much better fares out there.

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  • Can child support be liable to me ?

    can I get compensation for a mistake that child support made that got me put in jail and subject to many tickets for driving suspended. If they filed me down in contemt of court or faliure to pay . I provided proof to them and because they refuse...

    James’s Answer

    They probably could not be held liable.

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  • Is there a good chance of me winning my case

    Child support says that I owe for 3 months back in 2000. I have documented proof which I have shared with my public defender. Public defender plead not guilty and requested a conference settlement .

    James’s Answer

    If you have documented proof you paid then you could be successful. There are other factors you need to look at. Were you ever late? Were there arrears? Starting date of the order? Is there a wage garnishment that did not take effect for a couple of months?

    An informed response is not possible with what you have written. You say you have a public defender, perhaps that is the best person to ask.

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