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Monday, October 17, 2016

Drugs+ Not-so Good Apps for Kids and Young People

The best way to know if you or the other parent could be affected by the issue of drug use or inappropriate use of media by kids,  is to assume you WOULD be affected and then go from there.  There is no bright line law or case law currently in California which seals a parent's fate as to marijuana in general right now, and probably no published cases on media app use.

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 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.

We all know that alcohol use can be a concern, but it's legal to buy it, right? 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. Child endangerment does not apply to all situations, and in fact many fact patterns do not support child endangerment.

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, Omegle+Tinder (dangerous/or not appropriate for kids).

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!

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Claimed Lawyer ProfileSocial Media. Mr. Maria Amaya. Chico, CA Family Law Lawyer. Geoff A.Dulebohn, Esq. Chico, CA Family Law Attorney. Carolyn J. Chan. Chico, CA Family Law Attorney. Michael Odowd Hays. Chico, CA Family Law Lawyer. Norman Jenkins Ryker IIIValerie Ann MillerDavid Mikel Howard.

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Tuesday, October 11, 2016

Innocent Inmate Wins $20M Then Loses Half to Wife He Married While in Prison??!!

An Illinois appeals Court says the inmate CAN'T exclude the settlement funds from his "marital property".......the inmate, Mr. Juan Rivera, was in jail since 1992 for allegedly murdering an 11 year old child, but was cleared by DNA evidence and released in 2012. (story continued below....)
Juan Rivera
Juan A Rivera.png
Juan Rivera
BornJuan A. Rivera, Jr.
October 31, 1972 (age 43)
Puerto Rico
Known forBeing wrongfully convicted three times for the murder of Holly Staker and receiving the largest wrongful conviction settlement in US history

Mr. Rivera was married in 2000 (while in prison) and filed for divorce in 2014.  Rivera argued that the settlement was not marital property as it stemmed from conduct that occurred in 1992, while the wife claimed it stemmed from the lawsuit filed after Rivera's overturned conviction in 2011.
The appeals court sided with Sanders-Rivera (the former wife)  in a Sept. 30 decision (PDF)


Personal injuries that occur during the marriage

Family Code 2603 states:
“(a) “Community estate personal injury damages” as used in this section means all money or other property received or to be received by a person in satisfaction of a judgment for damages for the person’s personal injuries or pursuant to an agreement for the settlement or compromise of a claim for the damages, if the cause of action for the damages arose during the marriage, but is not separate property as described in Section 781, unless the money or other property has been commingled with other assets of the community estate.
(b) Community estate personal injury damages shall be assigned to the party who suffered the injuries unless the court, after taking into account the economic condition and needs of each party, the time that has elapsed since the recovery of the damages or the accrual of the cause of action, and all other facts of the case, determines that the interests of justice require another disposition.
     In such a case, the community estate personal injury damages shall be assigned to the respective parties in such proportions as the court determines to be just, except that at least one-half of the damages shall be assigned to the party who suffered the injuries.”
If Mr. Rivera was represented in California, any attorney should definitely argue against the wife, since the entire settlement and law suit was because he was factually innocent, and had to suffer for decades PLUS his settlement is the largest in the entire country (as he was convicted THREE times!!!)  In other words, although she did marry him, she was not in jail with him.