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James Louis Miller
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James Miller’s Answers

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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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  • Can I hire an attorney that was the pro tem judge that scheduled our mediation?

    I am in a custody battle. I filed for modification and the first court date was the one where the judge doesn't hear any testimony, they just schedule you for mediation. The judge was not our regular judge, it was a pro tem judge. I found out late...

    James’s Answer

    Absolutely not. The Pro Tem cannot represent you or give you a referral. You can check with the Fresno County Bar Association for referrals. Many attorneys, such as myself, offer free consultations.

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  • Do I file separation or divorce in California or Colorado? I lived with my husband in CO, but my son and I have been in CA since

    I left Colorado with my 2 1/2 year old vision impaired son who was adopted and finalized in court August 21, 2014. We came to California August of 2015 to stay with my daughter who is a special needs teacher after my husband abused us, my son the ...

    James’s Answer

    First let's deal with the abuse. If you have photos of the injuries I would suggest you file for a restraining order here in Fresno. Note he will have to be personally served.

    As for the divorce and custody. If the child has been in California for 6 months or more the UCCJEA says California has jurisdiction and you should file here. You can also file for separation here in Fresno if you have resided in the County for the last 3 motnhs and in the State for the last 6 months.

    Contact an attorney in your area, many such as myself, opffer free consultations.

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  • Is she entitled to alimony or spousal support. And is it mandatory or not?

    I am military stationed in Alaska my wife is going to school in sandiego which is where she is residing. She filed for divorce in San Diego.

    James’s Answer

    There are jurisdiction requirements which your wife must meet to file in California (3 months in the County where she filed and 6 months in the State of California). She may be entitled to spousal support. Temporary spousal support is based on the income of both of you.

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  • Is there a case law or Family Code law, which we can help us in any way? I want to raise this issue in our closing brief, if it

    I have a child and spousal support trial going on. My opposing counsel has not submitted her client’s Income and Expense Statements after 3 days of trial after several reminders from my counsel that is part of record. The Judge does not help us in...

    James’s Answer

    This is a question that needs to be posed to your attorney and not on a forum such as this. There are remedies your counsel can use and he/she should be aware of them.

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