FAMILY LAW Chico (530) 359-8810 C.Chan.Affordable, Proven Results!

Attorney C. Chan, Esq. Affordable Family Law,Strategy-Driven, 4.7/5 Ratings! Free Consultation, Butte county Family Law Attorney C. Chan 530.359-8810

Tuesday, September 22, 2020

NEW RULES FOR USA TIK TOK AND WECHAT DOWNLOADS, PROHIBITIONS, AND MORE!

 https://www.jdsupra.com/legalnews/u-s-government-bans-tiktok-and-wechat-61368/?origin=CEG&utm_source=CEG&utm_medium=email&utm_campaign=CustomEmailDigest&utm_term=jds-article&utm_content=article-link



all-- everyone using these apps should use every precaution possible. It is difficult to tell what fallout may transpire during COVID times, the Presidential election, and etc.

Usually, "when in doubt, do without" is a safe bet.  The last thing you need right now is to have your phone, computer or other devices to be affected by some wayward electronic nonsense.

These days, with COVID changing everything, it is predicted that regardless of who wins the election, things are going to be drastically changing and that COVID will never be going away in six months.

In fact, it may never go away.



COVID FALLOUT--SHOULD YOU FILE BANKRUPTCY NOW??

 https://chicofamilylawattorney.blogspot.com/2016/12/

Bankruptcy and Divorce..should You File Now??


Attorney wrote about this over 4 years ago. NOW due to COVID, so many legal changes have transpired, if in fact you are considering filing bankruptcy, please make sure that you hire an attorney who has done bankruptcy cases for many years. Bankruptcy is very complicated and attorney herein has done her share of bankruptcy cases for clients in the past. 


For Butte county residents, the filing venue for bankruptcy cases is in Eastern District Federal Bankruptcy Court located in Sacramento.  (Attorney has been signed into Eastern District BK Court for many years, but does not currently work on bankruptcy cases at this time.)

Bankruptcy is VERY VERY complicated, but the system involves a lot of form filling out to test for whether you do or do not qualify, and whether there are impediments to even filing (you may not qualify, plus new rules due to COVID have impacted nearly all courts, regardless of venue.)  

http://www.caeb.uscourts.gov/documents/Forms/misc/ProPer.pdf

Attorney is very familiar with WHICH document processing entities are known to be proficient in Sacramento for filing Chapter 7.  They are not all the same! This corporation typically knows bankruptcy very well judging from its past performance (former clients have used this company..)


Today is: Thursday, September 17, 2020. Bankruptcy Petition Forms Package.
If you are filing for bankruptcy without the help of an attorney, this booklet tells ...

MUSICAL.LY APP REPORTED IN NEWS, BACK IN 2016 BY ATTORNEY

 https://buttecountychicofamilylawattorney.blogspot.com/2016/

LINK TO ANOTHER OF ATTORNEY'S LEGAL BLOGS, STARTING IN 2014 INCLUDING DATA FROM 4 YEARS AGO INVOLVING MUSICAL.LY APP

Dog Smile

Published by attorney on legal blog in 2016 and as can be seen, today the data is still true but even worse with the advances made in technology, impacting even children and minors...........

There is no bright line law or family case law currently in California which seals a parent's fate as to "marijuana" in general right now, and there is not likely a published case on using non appropriate media as a sole reason for denial of custody (although we have had cases where porn movies being shown and allegations of abuse have resulted in loss of visitation...)
 There is a non certified  
dependency case involving some marijuana issues (not a family law case; it is an unpublished Los Angeles appeal under Juvenile Court Law, DCSS and involved two teenage kids, 15/14 at the time...).

Custody is likely to be highly affected by Domestic violence TROs, inappropriate punishment, inappropriate drug use, abusive situations, neglect, etc. Parents with DV charges or TROs against them cannot usually be the custodial parent. We see some parents accept DV TRO charges for one reason or another, but generally, it's best to fight such charges in most cases. We also see many females use DV TROs when they have no grounds. Occasionally males may do the same.

Although attorney herein has research knowledge on medicinal marijuana and various state law issues involving same, there is no one criteria in either medicinal marijuana or recreational marijuana, that would be the 100% certain win or lose factor for a parent, because in most cases, it's only one issue, and not the ONLY issue at hand. Depending on how many other issues are involved, the credibility of each parent, the depth of insight that the attorney has, and how well an attorney can size up each parent, this can make or break a case.

Simply hiring "experts" means who can afford more--it doesn't mean necessarily that one parent really wins. It will also depend on how well each parent can present him or herself, answer questions, and understand how the mediation process works. Attorney of this website has seen countless cases involving mediation, and has seen some cases go sideways at mediation, because the client may ruin his or her case by saying the wrong things.Attorneys are not allowed in mediation, therefore attorney can only try to teach client how mediators operate so they will understand what is actually being done. Attorney has seen extremely biased mediators (judging from the report they put out) over the years, good mediators, and those that are fair.  Underestimating the mediation process usually results in bad results.

Attorney herein researches these issues as they apply to California Family Law, and makes best efforts to remain current on new cases or decisions.  Attorney is well aware of the long running case involving marijuana, from Butte County that then seeming moved to another county just north of Butte, with varying detriment (depending on what one considers detrimental...)

In any event, any type of drug, even if it's a prescription, can be cause for concern in a divorce case.     
Image result for pictures drugs    Image result for pictures alcohol and prescription bottles

We all know that alcohol use can be a concern, but it's legal to buy it, right, and even to consume in the home? We have seen many court orders where alcohol is NOT to be consumed during one parent's custody.
And it's legal to obtain many drugs straight off the shelf at the store.

When courts have to consider whether drug usage is going to affect custody, it will depend on what evidence is available, how good the attorney is at setting up the defense or attack of the issue, what the exact facts are and are they verifiable, and how; essentially, all of the foundation requirements for evidentiary hearing, and all of the foundation requirements for supporting evidence should be known; further, the lack of such evidence and the preclusion possibilities, as with all evidence, will come into play.

Trying cases with drugs involved should be left to attorneys who handle trials, because the proof and litigation aspects can be done with more precision. Many clients don't want to spend the funds to engage litigators to gain appropriate custody because they do not understand the time involved to make the defense, or the admissibility for proper charging evidence.

In family law we usually see many clients that just believe all they have to do is say something, and that makes it true.  That is not the case necessarily.  Conversely, clients often believe they can just say something is not true, and that will prove their case. That too is not necessarily true, because if it was, then there would be no NEED for any attorneys at all, because clients could prove everything themselves?

Obviously, clients, at least most of them, are not able to do that because they did not go to law school and then work for 20+ years at honing their skill. 
We have to deal with inaccurate facts, misleading statements, the social media nightmare, Facebook (often the absolute worst), and tons of  Internet postings, admissions, accusations, texts, blogging, examples: 
               
Lively, Instagram, Vine, Snapchat, Kiks Messenger, WhatsApp, GroupMe,tumblr, Twitter,Musical.ly,** You Now: Broadcast,Chat,and Watch Live Video, Burn Note,Whisper, Yik Yak; could be inappropriate.........
--- Omegle+Tinder ( not appropriate for kids).  Some of these apps will or can be hidden or disappear, or may cause kids to meet up with others that could be predators-- with parents not even knowing it is happening.

**CURRENTLY IN 2020, TIK TOK AND FORMER mUSICAL.LY ARE IN LITIGATION INTERNATIONALLY AND WITH THE USA. PRESIDENT TRUMP AND NATIONAL CORPORATIONS ARE BATTLING FOR CONTROL OVER THE POTENTIAL FOR HARM IN PEOPLE USING THE APPS WITHOUT KNOWLEDGE OR REGARD FOR POTENTIAL BACK DOOR THREATS.................... 


NOTE:
New apps come out all the time and they will never stop. These things can be worse than drugs in some ways as unknown people can take advantage of kids, teens, etc. A parent would never even know because most parents don't really know what kids are doing with their phones.

Personally, we would not give kids a phone, computer or any electronic device which was NOT monitored, it is very easy to obtain software to do this!


Sunday, September 20, 2020

YOUR EX SPOUSE AND PRIVACY BREACHES? FINANCIAL COMMINGLING, BITCOIN??

SOME people who have not experienced an invasion of privacy do not understand what a breach of privacy might be, and if so, they may not likely understand their own personal rights?   

Most people own a computer or cell phone or tablet or some electronic device these days, and without knowing what a privacy breach is, you could be in for some really bad news. Usually because once your privacy has been breached, it cannot exactly be "un-breached?"

  Especially during COVID, I believe the courts will not

 take kindly to a breach of any fiduciary duties at all?


 There are actually many things that can constitute an invasion of privacy, you may want to look at the EFF (Electronic Frontier Foundation)  https://www.eff.org/  

Some of these  issues could  become problems in custody, visitation, divorce, community property issues and far, far more. Spouses spying on each other is not that uncommon. so if you are going to get a divorce or are in the middle of one, you should be more careful.  Attorney has seen one spouse simply close all joint credit cards without any notice to spouse, leaving the spouse both stranded, and unable to even buy food or gasoline?

Never leave or lend your phone or computer, tablet or any other electronic device which could be synced to the spouse or anyone you believe will or could spy on you. If you do not understand what syncing means you can go look it up.  It is a fact that far too many people sync all their data, which can have a very bad result down the line if problems come up, especially if it's all personal data and not business data.

Attorney never recommends syncing anything to be honest, that is strictly personal.  One does not need to use that just because you "can" do it. Even if you do trust a spouse 100%, with texts, email, or even encrypted data; I don't even believe a spouse should know every password to everything.... all data can be examined by an expert (if your spouse went that far, as in example of female who won the lotto and hid it from the husband....)... this is an older information piece, but if you're not running a business, I believe it's still worthy to consider......https://www.msecure.com/blog/saving-passwords-best-practices/

 IF you have a very jealous spouse, you should probably have a mechanic scan your vehicle for a tracking device--I know of two cases where this was done and two devices were, in fact, found on vehicles.



Learn the signs of how a spy app (stalkerware) could already BE on your phone or other electronic devices. (Attorney has a separate post on this on this same blog....) NEVER sync anything to any computer, tablet, or any other device. It may save some time, but you don't need to be lazy. If your ex takes all your data, you will not have access to it and will lose all the passwords most likely. 

I always recommend that each spouse have a backup account/password and that your data is not stored ONLY on a joint account.  I have seen spouses lose all their email and computer access because of over-sharing of accounts; then it becomes both tedious and expensive because you must spend hours opening new accounts, and start all over again? 



Married spouses with separate accounts that were opened during marriage usually means there is a fiduciary duty to know what each other is doing with community funds.

 Let's say wife inherited 100k and opened her own separate account; as long as nothing that went into that 100k account was community, but only wife's separate property funds went into the account, the tracing of that account should prove that wife owns all of it. But if wife took funds she earned in her job, like 10k, and put it into the account, a problem is created because now community money was added to a separate property account?  This should always be avoided (so you don't create more tracing problems at divorce time!)

I have had cases where this happened during the client's time living in two separate counties, and it quickly became a nightmare. It is to be avoided if at all possible.

In fact, as I mentioned on another post, I had a client that already had all the text messages from all their phones (some kind of family plan arrangement) and in fact, the client found the sex texting of spouse with another person?  Yes, they did get a divorce, no surprise there?

Make sure you already have copies of the tax returns because if he/she filed changed tax returns and you never saw the real tax returns you can be in big trouble (not that you did anything wrong) but you can order the last returns from the IRS for almost free anyway.

IF you are in charge of the phone bill, or home phone bills, or credit cards, you may have to look carefully at what is being purchased. Many spouses never even look at the bills and just pay them?  I have known of several cases where the husband was not only conducting long distance affairs, he had at least one illegitimate kid from some gal in another city and by time the wife figured it out, the kid was not that young anymore?

If you don't know what bitcoin is, I suggest you go look it up. It is very difficult to find evidence of it but if you find it, it would likely be in the computer data the spouse owns. If your spouse guards the computer as if he/she is very afraid of something, it's fairly likely something is being hidden. https://www.exodus.io/blog/how-many-bitcoins-are-left/        https://techjury.net/blog/how-many-bitcoins-are-there/#gref

[*Attorney has access to people who know Bitcoin pretty well]


 If your spouse loves to go to casinos, the casinos always send out tax information on winnings. There is a famous case from California on this issue where the wife won a huge amount on the CA lotto and never told the husband, she then later divorced the husband and he found out about the lotto accidentally; subsequently, he went to court to remedy this using the fact that ex wife used subterfuge to conceal the winnings won during marriage. 

The court then awarded the entire amount to the husband because non disclosure like this is illegal?  California law provides there is a fiduciary duty between spouses, thus if one party finds out about hidden assets, the game is on!  Also, most judges in family law tend not to like cheating spouses? 


BYTeDANCE &TIKTOK "SECRET" DEEPFAKES MAKER? WEEKEND LEARNING AND ENTERTAINMENT DURING COVID!!

For those out there that are careless with their cell phones, and do not care what happens in case the Tik Tok + WeChat "Bans" go awry, you might be interested in this legal article. 

It doesn't have anything to do with family law BUT if your kids find out (or even you find out) that somehow your data and phone were compromised and bad things start happening, don't say I didn't call it to your attention....I see all these things on legal articles --- otherwise I would not really understand it because I would not want anything to do with the former Musically thing or this current item.........I have watched kids I know perform it and show me their videos though....LOL

https://techcrunch.com/2020/01/03/tiktok-deepfakes-face-swap/

ByteDance & TikTok have secretly built a deepfakes maker



https://www.jdsupra.com/legalnews/first-federal-legislation-on-deepfakes-42346/

NOTE:      

What Deepfakes are and how they may be dangerous?
Deepfakes have the ability to create fake news and malicious hoaxes. They manipulate relationships and pose a serious threat to posterity. The increase in accessibility has led to a boom in prevalence across sectors like social media, cinema, politics and porn.Oct 17, 2019

Deepfakes
 (a portmanteau of "deep learning" and "fake") are synthetic media in which a person in an existing image or video is replaced with someone else's likeness. ... Deepfakes have garnered widespread attention for their uses in celebrity pornographic videos, revenge porn, fake news, hoaxes, and financial fraud.

-----------------------------------LOL Not related but you gotta see this--- !!!!!!!

Old Movie Stars Dance to Uptown Funk........  https://youtu.be/M1F0lBnsnkE