Mountain Flowers

Mountain Flowers

Tuesday, October 31, 2017

Hand Forged Gift Given to Attorney--Hammer Time !!

It's really true, attorney received a gift by a well-known blacksmith!!   In appreciation  for attorney's help, over the holiday attorney got a really cool new tool for her toolbox!!



The Hammer Man

You’ll never look at hammers the same way again after seeing Brent Bailey make them the old-fashioned way.




In a recent issue of Tools of the Trade Jeff Kolle wrote a story about Brent Bailey, a blacksmith who claims to have made close to 17,000 hammers at his forge in Orland, California. The videos below show Bailey in action.
The first was shot at his forge in Orland, and shows how the hole (eye) for the handle is made. He could have used a power hammer to drive the slitting chisel through the piece of steel that will become the head but instead he does it by hand.
https://youtu.be/1AhCjiGWNMo  (video showing the handwork process)                                             https://youtu.be/1NIG7k50OW0

Monday, October 30, 2017

Has the Other Parent Stolen Your Kids?

The Parentage Act (2017 draft below)

If you are a recent arrival in this state, or if you never established jurisdiction properly, or if your partner has attempted to establish jurisdiction improperly and never notified you, or any combination of these factors (including being state residents but never having been married)-- then you will likely need to file a Parentage action to establish jurisdiction for your case involving your children.




http://www.uniformlaws.org/shared/docs/parentage/2016AM_AmendedParentage_Draft.pdf
and the Parental Kidnapping Prevention Act work together to help ensure parents don't run off with the kids...it used to be that parents could get away with this, but these days, it's harder to do.

http://www.uniformlaws.org/ActSummary.aspx?title=Child%20Custody%20Jurisdiction%20and%20Enforcement%20Act



If you are just arriving in California, or have just moved from California to another state, the same law will apply to the case, in tandem with the state law (of whichever state you went to...)

Attorney has had recently, four Parentage Act cases, with 3 of them being from other states, and one still here but the parent with custody moved to another state. These cases can be more difficult to do because sometimes attorney is faced with facts from another state making decisions that don't seem too well grounded.

  Also, attorney is seeing cases where multiple cases are filed in different states by family members who don't have custody, and then this makes it more expensive (even if they really have no grounds...)

Also if the parent that has custody of the child or children keeps moving around and doesn't update the District Attorney re the whereabouts of the other parent, and the DA doesn't adequately notify the noncustodial parent, we can see a big problem with support falling behind.

Attorney has successfully worked on two cases recently where the other parent wisked the kid away to another state and in another case, to another county. Fast action must be taken upon realization that you have NO marriage/NO court order--you need to file ASAP. In some cases a domestic order is proper if there has been violence--waiting too long will hinder your rights.
If you need help in Butte County, you can also contact the Child Abduction Unit in Oroville, CA.

And If you have such a case and need help, contact attorney C. Chan today! 530.359.8810


Saturday, October 28, 2017

Charged with a Domestic Violence Restraining Order?

Being charged with a domestic violence restraining order is a serious issue since it's possible that the District Attorney will file charges against you. Even if the DA doesn't file charges against you, once a DV restraining order is filed, it is nearly impossible to have it removed and it may affect your ability to gain employment in some cases. Attorney is aware that false DV orders are filed, but all of them must be defended properly; unfortunately, not all attorneys are able to defend such cases.

To see some of the videos attorney believes are relevant to the defense of the charges, see https://candhattorneysnorcal.blogspot.com/ (which has information about attorney herein and attorney Craig Henderson from Chico), plus the videos are right on the first page.  Some good points are made by each attorney on each video-- these are attorneys we do not know personally, but the content is good.



Remember, under FC 3044 a person who has had a DV restraining order filed against him or her, and the restraining order is upheld within the previous five years--there is a rebuttable presumption that an award of  (a) sole or joint physical- OR- (b) legal custody of a child,  is detrimental to the best interest of the child....therefore,  that would mean that the party affected might not even get shared custody. The presumption may only be rebutted by a preponderance of the evidence. (superiority in weight of the evidence that is more convincing, and will be more than 50% of  all the evidence)

If you have had a DV restraining order filed against you, and you wish to gain custody or visitation of children, you have an uphill battle against you. Attorney recommends that you find an attorney who knows both family law and criminal law since the defense of the DV really does depend on how badly your case proceeds (if you are criminally charged and arrested) and how the district Attorney feels about prosecuting your case.

Attorney herein does practice family law and criminal law, and has done cases at all of the courthouses shown on the right side column of this site [plus other ones not shown]... so feel free to contact if you need help.

Your Child Wants to Live with the Other Parent?

It's common to find that children will want to live with the "other" parent in many cases.

Image result for photos child custody fight

Sometimes it's for valid reasons, but not always.  The California code does address this and even states an age, apparently believing that by that age the child has enough reasoning power to make the decision; but the child's decision is subject to the court confirming it. Meaning, it may not happen.

Parental alienation is fairly common in cases, often (in attorney's experience) it's the mother doing it, but not always. Sometimes a parent with narcissistic tendencies may tend to do this, see
https://www.psychologytoday.com/conditions/narcissistic-personality-disorder for information on this problem generally. The afflicted parent will continue to push the fact that the child must stay with him/her even when lacking a factual basis. Attorney has seen many cases where the parents actually share custody but fight about everything anyway. Usually that is due to a build up of resentment in the relationship for varying reasons, and the parents never (and I mean never) resolve their own issues.  Instead, they carry the resentment forward, which is not helpful.


California Family Code Section 3042 (a)-(d) states:


      (a) If a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody or visitation, the court shall consider, and give due weight to, the wishes of the child in making an order granting or modifying custody or visitation


(b) In addition to the requirements of subdivision (b) of Section 765 of the Evidence Code, the court shall control the examination of a child witness so as to protect the best interests of the child.
(c) If the child is 14 years of age or older and wishes to address the court regarding custody or visitation, the child shall be permitted to do so, unless the court determines that doing so is not in the child’s best interests. In that case, the court shall state
its reasons for that finding on the record.
(d) Nothing in this section shall be interpreted to prevent a child who is less than 14 years of age from addressing the court regarding custody or visitation, if the court determines that is appropriate pursuant to the child’s best interests
When a Court evaluates a child's choice regarding custody and visitation, the Court must listen to a child age 14 and older, UNLESS the Court determines it is not in the child's best interest do so? [When child is less than 14, the Court must first decide whether it is in the child's best interest to listen to the child..]
Courts can certainly listen to the preference of the 14+yr old child, but isn't required to cut off visitation even if the child requests it. Also, non sincere efforts by parents to do so are often seen, but not necessarily granted. Using mediation, or appointment of a custody evaluator or investigator may be required if issues of parental alienation or emotional or psychological abuse are present.  Other professionals may recommend differently if the parties have made a lifetime of being in court; in the worst cases, the children can even be placed in neither parent's care.
Custody is one of the most highly fought-over issues in many divorce cases. They can also be the most expensive. Attorney herein has found that many of the hard-fought custody cases really should have never been needed.
But parents sometimes find that emotional scars to one parent will cause that parent to become the "enemy" and then the battle doesn't stop. Unless the actual facts support harm to the child, it is often the attorney that has the better common sense argument who will win out. As for the child, he/she might get lucky.

Friday, October 27, 2017

Experience in Litigation Takes Years + Results That Count

Experience in handling difficult cases can only be judged by those who have actually done such cases, and preferably, won those cases. Losing can teach us as well (although every case is not a winning case to start with) - and one may find that certain tactics don't work, but just drive up the cost of litigation to start with. 

DOES THIS SOUND LIKE YOUR SPOUSE?  
If  so, TRUST ME, WE GET IT!!  There's two sides to every story, if not more!!
  *Before anyone gets insulted,  we are quite aware that much of family law involves FIGHTING and we mean fighting verbally, mentally, and physically!!  That's why many attorneys hate family law cases.  It's too emotional, too draining, too much drama,etc......


But the problem could be--maybe YOUR other former half--WANTS to drive up your litigation expenses so you will give up?!!

Actually, due to some attorneys who will do needless actions, this is not that uncommon.

At about $4.00 a minute, it doesn't make sense to do actions that aren't useful, BUT it happens a lot from what we have observed over the years. Custody issues tend to be the worst because any private evaluators or experts are very expensive. Very.

It makes sense that an attorney who is strategy minded, cost mindful, and fairly assertive-- can make better headway than spending time on useless things that will have no impact on the case, even if it drives up the costs for the other party.  Attorney herein is not a clerk or a clerk typist, although we do have to type. 

 An attorney understands that the legal argument can't be left out?  The best argument is not buried in 5 pages of paper. Some of the attorneys with wonderful skills will bury their arguments such that it can't be found unless one searches---that should never happen.  Arguments should not be buried. That's a wonderful way to never get your point across.

If you need an attorney who can make your points very obvious, leap from the page, and do all the talking for you in a straightforward, simple to understand format, then attorney may be a good match for your case. Plus you get the added bonus of having an attorney that is an experienced closer (as in closing sales, closing cases) which has helped attorney win cases both in civil, criminal, and family law.

Thursday, October 5, 2017

Pay Less but get More? It's Possible..and Here's Why!! No Guts, No glory..

Most family law attorneys may like helping people, but essentially most of them like to help themselves stay at a financial level to which they have become accustomed. That's self employment...so most attorneys bill strictly by the hour and may charge for every nickel, dime and eveny penny. Every postage stamp, every copy or xerox, every single email, you name it.



If you have been billed by an attorney before, with a blow by blow accounting of every single minute spent, then you understand why attorneys account for every single MINUTE. It's because a minute may amount to over $4.00, so not charging for 5 minutes may mean "losing" $20 bucks!! God forbid the attorney should be losing $20bucks!

Attorney herein does charge by the hour, but does not do the nickel and dime method. It's just too much work to count it all with a timer... attorney already knows that she will work harder than nearly any other attorney for several reasons...for starters, attorney has a social work degree. NOT a business law degree. Attorney did not go to school to become rich. Make a living yes. Rich, no.

Then we have the justice factor. Attorney does not like losing, and especially when the case clearly indicates the client should not be losing, and especially when it's about kids. Or bad legal rulings. Or maybe judge just hates your client.  Or maybe client hates judge.  Doesn't matter--in every case there is a way that is better than other ways. My job is to determine that strategy and I do it. It won't matter how long it takes if it's possible.  I am always shocked at the methods used by some attorneys who seem to care less about what they are doing (meaning they appear to take a losing proposition and stick with it..or they will be highly egregious in their approach...)...but that's fine with me.  They may keep billing their clients even if their clients lose.

That's very common from what I have seen locally.  In fact we even heard attorneys talking outside that they would just keep the case going to raise the billing hours!!  How sad is that?

Attorney herein believes that family law is handled very differently than other areas of law. Yes, attorney knows about other areas of law (criminal, civil, animal, bankruptcy,etc.) and has done cases in those areas. Family law and animal law have the high/low emotional toll on people, but attorney is used to this. Just about every non imaginable thing out there, attorney has probably already seen it.  Not a joke.


 So attorney isn't surprised by very much, unless it's another attorney trying to denigrate this attorney inappropriately.  At that point, better watch out, because attorney herein doesn't put up with BS. Period.  Just calling it like it is.  If you need down to earth real help, and you want someone who is not afraid to call a spade a spade, then I might be a good match for your case.  I don't play games, I won't tolerate BS, and I can't stand fake people.  Let's just say I win most of the time.

*If you have a case that cannot be won (in my opinion) I would suggest you seek other opinions, but in most cases, I am right. In part this is because I have been out in the field a long time, and also because I have been to every court in San Diego county--North County, East County, downtown, and Chula Vista... [juvenile court excepted] and have handled cases against very large entities such as Chase Bank, PGE, the State of CA, the American Kennel Club, and government entities.

Atty C. Chan Agrees DV Issue Defense..Some Fake Cases do Get Filed!


HAS A DV TRO BEEN FILED AGAINST YOU...OR 
HAVE YOU BEEN CHARGED WITH DOMESTIC VIOLENCE 
AND YOU NEED TO KEEP YOUR JOB??
LOOK AT THIS VIDEO !!


CALL ATTORNEY CHAN (LOCALLY) IF YOU NEED
HELP IN DEFENSE OF YOUR CASE!

Attorney is well versed in how trumped up cases are filed....
Unfortunately, these DV TROs used to be routinely granted without
adequate proof. A DV TRO can be issued even if you are not
criminally charged, and that DV TRO if not contested, can
ruin your employment chances in the future. It will also
ruin your chances of being the custodial parent. 

530.359.8810

                                         Video below is a San Diego attorney who is correct 
                                     concerning DV criminal DV TROs and criminal charges
                                                         

                                                              


ATTORNEY CAN CAN ALSO HANDLE

 THE HEARINGS/TRIALS FOR THOSE
 WHO ARE BRINGING SUCH

 CHARGES VALIDLY AGAINST
ANOTHER PERSON



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Tuesday, October 3, 2017

Not Happy with Your Case and How Your Attorney Handled it?

It does happen unfortunately.  Not all attorneys have good or great skills with clients. We have seen that over the years, disgruntled clients are sometimes unhappy with legal services. Although to some degree, certain clients are not easy to work with, that is to be expected in this type of work.

Some clients have more information than others; some do not want to educate themselves, and others are actually a dream to work with. A divorce, custody, move away, UCCJEA issues, claimed abuse, domestic violence, alleged sexual harm, criminal actions, alcohol problems, drug problems, mental afflictions, all of these and more are readily seen in family law.  Which is why many attorneys would NEVER want to practice family law.                   

But since attorney herein has a social welfare degree, and has long been empathetic to those with issues, addressing such issues is commonplace. Attorney has many years of experience with some of the worst situations, so much so, that attorney is asked for permission by reporters to publicize a family law case (and having all names and places changed....) the flip side of these cases is that they were remedied, even though there was wrongdoing.  Therefore, an improvement was made which did not exist before, and that improvement could be a life saving action for kids involved.

Because of the emotional distress often seen, attorney often recommends a key book, Emotional Clearing,  authored by a former psychotherapist, John Ruskan.  Key to solving emotional issues is the concept of resistance, surrender and "what is."  If these concepts are foreign to you, you are not alone.  But using the concepts as outlined in the book, clients have found it works, and attorney has heard back from male clients particularly, that they achieved success by following the author's suggestions.

So if you are having issues with emotional roadblocks, attorney highly recommends you obtain the book mentioned above. https://www.amazon.com/Emotional-Clearing-Releasing-Awakening-Unconditional/dp/0712671676/ref=sr_1_5?ie=UTF8&qid=1507391517&sr=8-5&keywords=book+emotional+clearing  [It was seen on sites such as Amazon at very low pricing (used in good condition) and is well worth the low price.]