Divorce

Divorce

Friday, October 12, 2018

Attorney C. Chan = The Fixer of Bad Cases!

Attorney has seen many, many cases that never had to get to the point that they are at--IF at least one client had changed some key methods. But it is to be expected that clients can't always fix their cases since they are wound up in the turmoil... right?

From attorney's outside view....fixing most cases is possible. It may not be fast. But it is likely doable over time. Also attorney finds that clients must sometimes modify their own actions and that of the kids as well.

There is no point to keep doing the same mistakes over 
and over and expecting a different result?

Therefore if the thing that needs changing just happens to be under your authority, then that's likely where the change needs to be made.  Judges get tried of hearing the same old stuff every day in court.  Pretty soon they are on auto pilot and send everyone to mediation.  But mediation doesn't change people.    


Change cannot take place unless someone or something makes a change--it likely won't happen by itself. So in mediation, judges just read what the mediators have written down. When and if the clients don't follow what they are to do, we see repeated issues over and over and over.  Clearly the parties MUST implement some change somewhere.

So the biggest problems are usually that all of the parties:
1.  Don't want to change their behavior
2.  Don't want to jump through hoops
3.  Don't want to have to do anything that is inconvenient
4.  Don't want anyone telling them what to do.

It's pretty simple that if your other spouse or live in, is a difficult personality, takes meds for behavioral issues, or has been diagnosed with A B or C,  your case will take more work. Not every child should be raised primarily with a parent that has NO parenting skills at all.

But sometimes we have to make the best out of a bad situation. And sometimes that may mean we will be required to jump through a few hoops also. For most parents, this is doable. For some parents that have mental issues/or blocks, they will refuse to do whatever it is.  In those cases, the parent that won't comply will inevitably suffer in the long run. Because it isn't about you so much, as whether your behavior will or will not affect the kid or kids to a large degree.

As an example, a couple with kids  where one parent has serious issues and is not suitable as the
primary parent, will continue to battle the other parent for years in trying to keep his/her domain over the kids. Obviously this person should not be primary custodial nor should he/she even have the kids overnight--that's when we start to have some really large damage with the kids. and to prevent that from being a vicious circle, someone has to step in. Minor's counsel is NOT always the answer, and attorney has seen that minor's counsel is often given cases that will not change. Reason being, not all parents should be using "co-parenting".  Attorney has seen some pretty bad cases and co-parenting simply doesn't work well in really bad cases.  If you have that situation, call attorney--she may be able to restructure your case.


Thursday, October 11, 2018

How Can I Fix My Custody Order?

This is one of the most commonly seen issues around. And apparently this is the case throughout the entire state of California.  Further, it is extremely common now to find parents and family with various afflictions, including mental, emotional, behavioral, etc.  In turn, this obviously will affect the kids, extended family, and more.

One of the worst things that attorney sees, and is always surprised each time--is finding that less than half of clients seen-- actually get on some type of program for their mental or emotional issues.

If that was done, it would lessen the effects that travel down to the kids. But when the parent's try and take care of their own issues, rather than pretending they do not exist,  it becomes much easier to work with the kids, whether they have any issues or not.

Another very very common scenario is for each parent to blame the other parent. Of course some of that is likely true, but not every set of parents can actually do "co-parenting" ....and attorney believes that parents with issues mentioned above, may not work well in "co-parenting" set ups.




Attorney believes that "co-parenting" assumes that there are not major issues with the parents. But when there are some huge issues with a parent (or both)-- it is highly unlikely that co-parenting will work smoothly simply because the very nature of cooperation is assumed, and quite obviously parents themselves who have issues are not likely to stick with cooperation.

 If such parents can prove they can do it, that is one thing, but inevitably usually what happens is, one parent starts taking advantage of the other parent. In other words, there are many parents that believe they should stay together for the sake of the kids.

 What they don't realize is the harm they do to the kids when they do not parent the kids successfully?

"Fixing" your custody order might require a re-work of whatever you have in order to FIX it!

Pitbull Litigator-- If the Hat Fits?

https://buttecountyfamilylawlawyer.blogspot.com/2016/11/they-dont-call-attorney-pitbull.html

Attorney Chan is well qualified to speak on the issues involving the dogs commonly known as "pitbulls" "APBTs" (American Pitbull Terriers) or just "pitbulls" (generic classification for which there is not necessarily known genetic markers or proof that such dog is actually descended from APBT actual line, and there is no genetic link necessarily...dog might just look like one?)

Why is that?     


The "why is that" ---  is because attorney Chan has long studied the issues, starting in 2003, and litigated in state and federal courts over issues involving the dogs and the dog breed laws which often "ban" such dogs. Most of this litigation involves federal law, rational basis, and criminal cases, civil cases and local laws. In addition, attorney has done dog rescue for over seven years and is readily familiar with animal shelters and related penal code (for example PC597, PC597.1,etc) which focuses on alleged "abuse"and has handled criminal cases involving animal laws as well.

Attorney is likely one of the few attorneys outside of  San Francisco, Los Angeles and San Diego, that has first hand knowledge and data on canine issues involving certain breeds, restrictions in the sales of dogs, and the abuses by certain non profits claiming to be "rescues." Non profits do not pay taxes. Yet some BUY animals including dogs, from auctions and then resell them, claiming they are rescued? For example, a claimed rescue group paid over $7k (yes, seven thousand) for one dog that was pregnant, then they SOLD 3 of the pups for over $4,000 EACH. Importing alleged "rescue"dogs has resulted in new strains of virulent disease not seen in the USA prior.





Let's get real people---if you are selling dogs, fine. But don't claim that doing it under a 501(c)(3) makes you a "rescue." It in fact, does the opposite.

And an update on one of the biggest dog related cases in the state, is continuing in Sacto Federal Court where the owners are suing Placer County/others,  because the non profit "humane group" acting as the animal control apparently, has been accused of illegal action. Attorney herein already knows what happened because attorney worked on the case for a year previously, before any lawsuit was filed.

Attorney herein believes the case is a civil rights case, and when coupled with PC597.1, proves that the PC597.1 code was applied improperly,*** resulting in great harm.

 [In constitutional law as to statues, one either uses the strict wording, or "as applied" to the case; in this case, they used the strict wording to create knowing harm and blatantly ignored the "as applied" which was very very obvious.] Placer County is no stranger to these type of cases. Years ago in a horse case, the owner found her horse was given away to a government employee without due process. If we get rid of due process, then this obviously means our government is way way off base.

***
  • California Court of Appeals, 4th District: "Our role in construing a statute is to ascertain the intent of the Legislature so as to effectuate the purpose of the law. (People v. Jefferson (1999) 21 Cal.4th 86, 94 [86 Cal.Rptr.2d 893, 980 P.2d 441].) Because the statutory language is generally the most reliable indicator of that intent, we look first at the words themselves, giving them their usual and ordinary meaning. (People v. Lawrence (2000) 24 Cal.4th 219, 230 [99 Cal.Rptr.2d 570, 6 P.3d 228].) 
  • We do not, however, consider the statutory language in isolation, but rather examine the entire substance of the statute in order to determine the scope and purpose of the provision, construing its words in context and harmonizing its various parts. (People v. Acosta (2002) 29 Cal.4th 105, 112 [124 Cal.Rptr.2d 435, 52 P.3d 624].)" Alford v. Superior Court(People) (2003) 29 Cal.4th 1033, 1040

Using DCSS to Do Your Support

There can be an upside to using DCSS for your support, in that it usually doesn't cost you anything to use DCSS instead of arguing in court (family law)...on the other hand, the DCSS attorney will be representing one parent's right to collect support, but is not actually there to fight for the parent, but rather to collect or help collect money for the parent that is supposedly entitled to the support.

In cases where there are various factors that attorneys know the DCSS is not that interested in helping with, it may be better to stay in family court at the beginning, if your attorney knows that DCSS will just seemingly ignore some of your assertions....

But when it comes to collecting back support and arrears, attorney does recommend that DCSS has more ability to go after the spouse or parent that has never paid.  Plus DCSS is linked to all the other support agencies in the USA? If you have a personal attorney already and want DCSS to do the collection part, your attorney will have to execute a waiver for you. In many cases, it's definitely worth doing and will take some of the work off of the family court.







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CALIFORNIA FAMILY LAW ATTORNEYS. An Experienced Family Law Firm in Chico, California.Family law matters often involve sensitive facts, difficult legal ...

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Jan 9, 2017 - One of the most often seen issues in Family Law, are the law and motion hearings on reducing support, increasing support or elimination of ...


Monday, October 8, 2018

Do You Feel Like You Have Failed?

Image result for roseville divorce attorney c chanImage result for roseville divorce attorney c chanImage result for roseville divorce attorney c chan

If so, your are not alone. Nearly all marriages that end create depressing feelings/thoughts.

Some litigants will be happy because they finally got enough nerve to split up.  Others may sometimes kind of wallow in sorrow because they are not sure what to do.  Still others may have to resort to really getting mad to get even, or try to fix something that they didn't fix before?

Divorce celebrations, party cakes, and partying in general tend to be more geared toward women.
But often men will suffer silently, and not even try to pretend they are happy.

You may not be in any of these categories. But if you need an attorney that does understand what happens to people in divorces, then call attorney today. Known for acute sense of justice coupled with excellent knowledge of people, and more affordable availability. Many, many past wins in all types of cases. Call today-- there's no charge to inquire!



















The Law Office of Melissa A. Atteberry provides mediated divorces and collaborative legal consultations in Chico, CA.