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James Louis Miller
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James Miller’s Answers

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  • How to get full custody of my children

    Hello, I'm in a horrible marriage with a very controlling and abusive man. But I am still terrified of getting divorced because I have no idea what they will do with my children. He will use them to control me. But I fear I will stay in this awfu...

    James’s Answer

    I would suggest you contact any agency that deals with domestic violence in your area. They can help guide you through the process. If you are in as much fear as you say you are then staying with him for the children will not only harm you but may also do emotional harm to your children.

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  • 2 failed supervision centers, and now I am to re register with another center for our 3 year old so her father can have visits?

    My husband was court ordered supervised visitation for our 3 year old daughter. Per recommendation by mediation, not per my request at all. I had cringed at the thought our tiny child would have to go to a center, a strange place to see her father...

    James’s Answer

    I know this is hard for you but it is a process that must be gone through. I see him either dropping out of the picture because he has to comply with rules or turning over a new leaf and actually becoming a good father. There are so many agencies and he is eventually going to run out of them. Perhaps a therapeutic setting would be best suited for the visits.

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  • Can the judge modify custody or just visitation? Will the holiday schedule be nullified or remain intact?

    My ex and I currently have 50/50 custody of our 16-year old daughter, with visitation alternating weekly. Recently my ex filed a Modification of Visitation order, asking that the court allow our daughter to choose her own visitation schedule. The ...

    James’s Answer

    I have to agree with Ms. Ani. You and your daughter need to get into counseling as soon as you can.

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  • Can I bring my significant other to a custody evaluation oral presentation?

    I have to attend an oral presentation for a custody evaluation. I am pro per. My significant other and I have lived together for 3 years. He is my husband in everything but legal title. I would like him to attend the presentation. I have not y...

    James’s Answer

    There are not enough facts to really give an informed response. I can tell you this, if your boyfriend is around the children a lot I'm sure the evaluator will want to speak to him, I'm just not sure if the oral presentation is the place to have him. Talk to your ex and see what his feelings are.

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  • What rights if any do I have? Can I file a custody case in long beach? Will I have to go AZ?

    I am married, separated. I live in California, he and my daughter live in Page, AZ. I left a little over a year ago. He and I were starting to annoy each other I didn't want my daughter witnessing any violence or domestic abuse from either of us....

    James’s Answer

    You have all the rights of a mother. Just because you moved does not mean you gave up rights to your child. With the facts you have given jurisdiction for custody and visitation is in Arizona (UCCJEA states the child's home is where he/she has lived for the last 6 months) Now I'm not giving legal advice I'm just laying out the way your question reads to me.

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  • Custody evaluation lacks transparency and appears one sided. Am I better off agreeing to NOT cross-examine the custody evaluator

    I believe the report is biased and anyone who understands scientific method can easily refute the report as it does not detail how the data set is used to draw hypothesis and how those hypothesis lead to conclusions, etc. Out of funds so can't...

    James’s Answer

    I totally agree with Mr. Burgess. Without more specific facts or actually reading the evaluation it is impossible to give an informed response to this question. I will say if you dispute the report the best way to get your point across is to call the evaluator as a witness.

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  • What happens when a child custody order contradicts itself?

    Divorcing couple - I (father) have full custody of my son while the mother gets supervised visitation with a licensed agency due to drug and alcohol issues. What happens when a child custody order contradicts itself? On page 2 of the order is ...

    James’s Answer

    Often times a parent has to do supervised visits but is allowed phone contact. You need to check with the Court and determine the Judge's intentions. I applaud you for wanting to ensure you are following the Court's orders.

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  • Custodial parent trying to control visits

    My and my sons dad share joint legal custody and he has physical custody. I get visits. He doesn't like my sons aunt (on his side) for PERSONAL reasons so he tells me not to have "his child" around her and gets mad if I do.. Trying to control what...

    James’s Answer

    Under normal circumstances he cannot control who you take your child to see. However, if there are valid concerns regarding this Aunt you should listen to them and ensure that your child is not in any danger. Some things that may be bothering your ex, alcohol, drugs, domestic violence in the home.

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  • Am i supposed to take her the baby or does she come for the baby

    Im supposed to surrender the baby at 5:00 pm to newly appointed guardian. That person has always picked up child from my home

    James’s Answer

    If the order does not speak to this issue I would call the guardian and make arrangement or at least confirm how the exchange is going to take place.

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  • What can i do to get my son back?

    Hi the reason im contacting you is because i'm a 23 year old male with a son that is seven. I had my son since he was two weeks old i have provided for him ever since.i got into a little trouble and my mother filed guardianship for him because i w...

    James’s Answer

    Contact an attorney in your area, many offer free consultations. You need to get on this right away to protect your rights. There are many unanswered questions and facts not present which prevent me from giving you an informed response.

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