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Monday, November 19, 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!

Wednesday, October 24, 2018

Pet "Custody" Law New in 2019 in California!

We suppose the pet "custody" issue was just a matter of time in California, due in part to animal activists, HOWEVER, before everyone runs to gain "custody" of a pet, be forewarned that under normal laws, animals are still considered property.

Animal activists have, in the states,  long tried to give animals-- "human" status...a case in point being, the whale lawsuit at Sea World, and the current case where activists are suing to have a horse be able to sue the former owner for abuse. If the status of animals was changed to having the same rights as humans, all hell would break loose in the USA with activists running to court to sue for many animals incessantly and relentlessly. It would essentially cause the tort system to grind to a halt in short order.

Attorney herein can easily make this statement, as attorney has worked in animal law field for many years, and is extremely aware of what animal activists do. In fact, attorney was actually attacked by an animal activist in the federal courthouse (Eastern District) while working on a national case involving illegal seizure of horses. The horses were NOT abused. The activist that was trying to attack attorney was guilty of many things, but was promoting misrepresentation to the media. The case was moved to Los Angeles and in the end the activist failed to show for trial, lost the non profit, the free 600 acre ranch lease, and everything else. Activist was also sued by bank attorney who used the non profit to take the animals improperly.


So for the 2019 "custody" law, which attorney briefly reviewed--it appears if an issue with a pet is disputed as to which person should be taking the pet, then we have the question-- who is to be awarded the animal? Generally, a judge is not likely equipped to decide WHO should keep care of an animal in general. HOWEVER-- under the NEW PET LAW FOR 2019, California judges will have authority to consider subjective factors and help find a resolution to the quandary.

Example of science related article on humans/pets https://www.sciencedirect.com/science/article/pii/S0148296307002214

Supposedly, attorney imagines that inquiry might revolve around acquisition of the animal-- was it a gift to one person? Is it actually the pet of one of the kids? Is it licensed to only one person?  Is the animal only bonded to one person? Does one person take care of the vet visits, training, feeding, etc? Has there been any alleged domestic violence in the home?  Has the animal been injured or abused by a party? Is the animal being used as a tool to further another objective? Was the animal subjected to harm previously? Does the animal have dangerous propensities?  Bitten people? Allowed to run at large?  [*pets are specifically named in the California DV TRO forms, and any actual abuse to animals by one party should be noted on the form where applicable]

Attorney has seen/read  many animal cases, and researched a large amount of animal cases-- there is unlikely an attorney in the local county that has done more animal law cases or worked with experts on such cases.  Additionally, attorney prevailed on a post seizure hearing in Hollywood CA, which is not only rare, but virtually unheard of....

Having a background in animal law gives attorney a decided positive background for nearly any animal case. 

Attorney has worked closely with the expert (who helped the amicus parties)  in the First Amendment case of U.S. v Stevens, 559 U.S.460 (2010) --   a national landmark Supreme Court case involving a dog owner being sued under a statute which punished harm to animals when they are used in so called crush videos-- which was completely inapplicable to the issue at hand [which was the sale of  videos covering the history of dog fighting]... ( the statute used re the videos, was related to a fetish of a sexual nature involving animals being crushed by a female wearing high heel shoes; that law was completely unrelated to the case they prosecuted.....that statute was a product of the Humane Society of the United States, which has been found guilty of racketeering in the case involving the Barnum and Bailey circus which activist kept going for 14 long years....) 

--- By the way, do not donate your money to the Humane Society of the United States---they are basically fleecing the public and spend more on telemarketers than helping animals; case in point, during Hurricane Katrina, they "raised" about $30million from their TV ads for the animals--and could only account for about $7million when audited. Need I say more???

Holding: A federal statute that criminalizes depictions of animal cruelty in videotapes and other commercial media is unconstitutional. Judgment: Affirmed, 8-1, ...
Apr 20, 2010 - The government may not ban depictions of animal cruelty for commercial gain because this law is overly broad under the First Amendment in ...
Apr 20, 2010 - Syllabus. NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the ...
Stevens was prosecuted for selling videos depicting dog fights. Stevens claimed that § 48 violates his First Amendment right to free speech and is therefore ...

Apr 20, 2010 - UNITED STATES vSTEVENS. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR. THE THIRD CIRCUIT. No. 08–769.

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.

Friday, October 5, 2018

Local Family Law Attorney in Chico,  C. Chan, Esq.

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