Divorce

Divorce

Wednesday, July 17, 2019

"Supervised Visitation"... and Does It Work?

From what attorney has seen in cases involving supervised visits, some parents do quite well and others fail to even do the supervised visits?  In some cases this is a problem but in other cases we have seen judges ignore non compliance and just keep the case moving along?

In many cases, supervised visits go along with Domestic violence and TRO cases...if one party is not represented, that party usually does not fare so well (because attorney on other side will represent the opposite client, while unrepresented client will become understandably unhappy...)

**LIMITED SCOPE REPRESENTATION**


 Unfortunately, those without representation often do not do that well since they are fighting against an attorney--however, if the non represented client can hire an attorney on Limited Scope basis--ONLY for one aspect of the case, it is possible that client can make headway in the issue that really requires legal help.  It would depend on how long such issue will take to resolve for most part.

If you believe you have an issue that would benefit from Limited Scope Representation, please do call and inquire; there is no charge on consultation.

Tuesday, July 16, 2019

Down to Earth..or, Talked Down to???...Average attorney or Better?..............

The one thing that many clients do not really like, is when attorneys talk down to clients...that kind of means, the attorney will be acting like a know it all, and let's face it, some attorneys ARE know it alls, right?  But do clients really enjoy that attitude?  Hmmmm....well...........maybe not so much in reality?  We aren't dealing with quantum physics or the IRS tax code in bankruptcy (unless you are dealing with that, then excuse me!)  For the majority of cases, we are not representing rock stars or the actresses/actors of Hollywood.  Trust me, those cases are in the National Enquirer.

And that is why sites like the Huffington Post are popular--they just spell out the laws in plain English so everyone pretty much can understand it?  What's wrong with that? In reality, there is nothing wrong with it at all.  Some of the best attorneys can simplify almost any of the statutory law so that nearly all clients will understand what they are working with?  Sometimes having a teaching background is helpful because most teachers will have a good deal of patience and will work hard to ensure clients understand the issues.  NOT understanding the issues is not a good position for the client.  Clients are entitled to be able to know and understand issues, especially if they are directly going to be affected adversely.


One of the worst things that an attorney can do is to not make the issues understandable--the client should know what he/she may be facing, even if the news is not so great. We all know that family law issues can be not-so-great!!! Seriously--some of the most difficult cases are the custody cases that seem to be endless-- right?  You really haven't lived until you have to tell your client that his or her kids are being taken from him or her.  It is not only devastating, it's also very hard on the kids to say the least.  Sometimes at the end of the day, you may just want to cry.  Seriously.

Sunday, July 14, 2019

..So...What About that Trial???

In family law, most cases will not require a trial. In some cases, certain issues may require a trial due to the inability to settle the issue.

The big question usually is, will the trial actually gain you anything, and if so, for how long and would it be worth it if you don't win?  Depending on the circumstances of the case/issues, and how difficult the opposing party/or the attorney defending, will make an obvious difference.
        There are calculated risks in any trial, even if you know you will win. If there is a bankruptcy involved, you should make sure to consult an attorney that knows bankruptcy ahead of time, not the week before the trial? (Yes, attorney herein is familiar with bankruptcy law..)

If there is a legal issue that is definitely on your side, great. Then why are you needing the trial-- is it because of a difficult attorney?  Is it because of a difficult client that doesn't care what it costs to go to trial?  Is it because the other side wants gratification to make you pay?  None of these things are unheard of, by any stretch.  Attorney herein is never in favor of trial to make the other side pay, and attorney herein can usually tell a difficult client usually within the first 5-10 minutes.


While an issue involving a legal aspect of ongoing spousal is usually a bona fide issue, some issues should likely be worked out without need for judge to tell you what to do. A move away issue is more likely to require judge's experience than other issues. Attorney has seen counsel drag in unknown witnesses from other states that no one even knows, and the client himself or herself is not even present? Further, attorney has seen judges ignore the statutory law and just make decisions based on
almost nothing (meaning, there is no real evidence) and judge just makes the call--for example, almost no judge is going to award custody to a perpetrator of domestic violence where a criminal protective order is in place, and where that criminal protective order has been broken many times? But we have seen this happen not once, twice, or more times........when it should realistically almost never happen.

This only goes to show that having a trial is not necessarily the destination you may really need or want, since there is a lot more to consider when deciding your options.

Sunday, July 7, 2019

Domestic Violence , Technology Abuse, evidence Issues

DOMESTIC VIOLENCE VICTIMS+SURVIVORS AND MEGAN'S LAW....and
Issues in Technology Abuse against Victims

https://static1.squarespace.com/static/51dc541ce4b03ebab8c5c88c/t/54e3d1b6e4b08500fcb455a0/1424216502058/NNEDV_Glimpse+From+the+Field+-+2014.pdf  (Abusers misusing technology; and see down below, for specific data)

https://www.meganslaw.ca.gov/Docs/Survivors_CA_Legal_Rights.pdf

https://www.cityofsacramento.org/Police/News-Alerts/Megans-Law

Registration as a sex offender under Penal Code 290 PC (known as the Sex Offender Registration Act) is, perhaps, one of the most devastating penalties you face if convicted of a California sex offense. ... Tier two requires registration as a sex offender for at least twenty (20) years.

Sex offender registration in California (SB 384 & the 3-tiered system)
https://www.womenslaw.org/about-abuse




*Attorney has access to experts in most technology
issues, including tracing, cell phone technology issues
and improper or illegal spying on cell phones, computers and the like. It should be noted that although attorney does file domestic violence TRO cases, attorney also defends people who are accused of DV. Some DV cases are valid but certainly not all of them...
        Attorney usually ends up representing the person being sued, but that's probably due to the fact that those who have to defend themselves from lies and misrepresentation will need a very strong defense attorney, and therefor seek out someone who is not afraid to fight for them.
=========================================
In a 2015 survey of victim service providers, 97 percent of programs reported that their clients experienced harassment, monitoring, and threats by abusers through the misuse of technology.    

Technology misuse can include tracking devices to monitor where you go (such as putting an app on your phone to track where your phone is); listening in on your conversations; monitoring your activity on your cell phone, tablet or computer; using technology to impersonate someone; and sending harassing or threatening messages via text, email, etc.





























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.
Apparently attorney herein is not alone when realizing that the FIXER name is known even by other attorneys, for example.... attorney just saw this online, and it is exactly the view of attorney herein........ at https://njfamilylaw.foxrothschild.com/2018/10/articles/general-new-jersey-family-law-news-updates/when-you-cant-find-a-better-man-five-tips-to-consider-when-preparing-for-divorce/

  1. Find the right “Fixer”:  The divorce process can be beyond overwhelming for countless reasons.  When searching for a divorce attorney, consider not just looking for someone who is experienced in family law. 
  2. Consider retaining an attorney who you feel comfortable talking to.  Who you can trust.  Who you can confide in and discuss certain aspects of your life and your marriage that you may not ordinarily feel comfortable speaking about with anyone else.  Who is responsive and reliable.  
  3. Who can ultimately advocate for you in the way that you believe best serves your interests and those of your children.  Who will listen to you and be mindful of what you are looking to achieve.

 ------------------------------------------

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 required "mediation."
  But mediation doesn't change people.  

BE VERY VERY AWARE: MEDIATION IS A PROCESS -- 
BUT IT IS NOT NECESSARILY A SOLUTION IN MANY CASES. THERE ARE MANY DIFFICULT SITUATIONS THAT WE HAVE SEEN, WHICH SIMPLY CANNOT BE "MEDIATED" AWAY FOR A RESULT.

         A judge should not be allowing a defendant who is under Criminal Protective                            Order, with prison history, heavy drug use, unauthorized hiding of kids  (after obtaining an intent to withhold for 3 months?) . ... to have custody of kids that one parent has abused...but that is what we have seen?

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, or do not know how;
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.


Examples of bad cases:
The father had apparently used inappropriate sexual conduct with minor female kids, kids taken to SCAN clinic in Sacramento, verifying abuse; father ended up with no contact, case was in the newspaper (all data changed for privacy) Father was forcing kids to watch sex videos with him...

                                   Mother was a drug user but able to outfox drug testing; father installed
hidden camera and was able to gain proof, leading to father obtaining the kids legally.

                                   Mother absconded with minor kids to another state; we hired a P.I. and locator to find location from cell phone data. Court ordered the Mother to return with child;
        in another case, Father hid minor children in Bay Area, changed their appearances. We obtained ex parte order for Father to return kids or be arrested. He returned the kids, Mother took back custody.

                                   Father believed Mother was allowed minor kids to be molested by either boyfriend or other male. Hired P.I. to assess Mother's whereabouts and meetups, determined which males were staying with Mother. Then had uninvolved trusted third party query kids and found out which person was the suspect. After this, the kids admitted it was happening. Mother lost custody.
                               
                                   Father was told by minor children, that the Mother was beating up the older child, a female, age 10. Attorney arranged to meet the Father/new wife and both minor children at the local Mc Donald's, (we did not tell the kids that attorney herein was an attorney)...in course of conversation, the 10yr old was quite lucid and revealed in fact that the Mother was abusing her and sometimes the younger brother. The sheriff and CPS were contacted; CPS later stated that in this case, the 10yr. old child was very bright and gave specific details about the abuse. The children were both placed with the Father -- and Mother never attempted to gain visitation (not even 5 years later!)

One of the worst things that can happen to unprepared clients is to ignore the fact that if they are not married, and fail to file a paternity action in court, the other party can simply take the kids and leave the city, county or country, without the other parent knowing. Obviously this is kidnapping on a different level--but it is easier to get kids back if there is already a paternity action filed, because usually the District Attorney (which has government ability) can use their authority to expedite the search, since the paternity filing typically asks extensive background questions as to the parents.  And if the parents had told the truth on the initial documents, the police authority and FBI have more data at hand.
                                  Worst case: this was not attorney's case--BUT--a Father married to a former citizen of a European country, had two sons with the wife. The wife later absconded with both children, and although it was known what country they went to initially, it cost so much money that eventually the Father had to give up. He has never found the kids. [It might be when the kids are adults they might locate the Father on their own..]

                                   Non custody case: Mother and Father owned several houses, upon separation they lived in the separate houses; the court in Butte never got the case to trial, despite the so-called "track" program that had a rule that each party must agree to a certain date; so when parties did not agree, the case went back on the "track." Unfortunately, that system was not really how legal cases should get to trial (there are actually rules)--so the Mother did not get to trial until 7 (yes seven) years after the divorce was filed.
 On the stand at trial, attorney herein caught the Father lying about his bankruptcy petition (we had a copy of it)--and that was when the Father's attorney called time out, and offered us a deal giving the Mother a large sum of cash to end the case. It was a glorious day! 

NOTE: if you and/or spouse intend to file bankruptcy and you will be in the divorce at that time, you should seek counsel from a bankruptcy attorney. Nearly all of the bankruptcy documents are filed online and normally you will need a PACER account to view online data. Attorney has done cases in Eastern District Federal Court (Sacramento), and  is licensed in the following CA federal courts (Eastern District, Southern District, and Northern District; and the State of Colorado Federal District Court.) Attorney is able to answer most questions re filing bankruptcy (which would be in Eastern District, Sacramento.)