C.Chan=Winning Results! AFFORDABLE! 4.7/5 Ratings by Clients Friendly+Affordable!CHICO NEW PH.#530.497-0777

Friday, July 23, 2021

Actual Reviews from Past..... I Do What It Takes to Either Win, Fix or Solve Your Problems--Not Just "Talk!"

Just some of prior Reviews, over 21,845 views..:
Attorney Chan has been very responsive to our calls and provides excellent service and advice. Her fees are great and she is very easy to work with. Thanks Carolyn! Review Left On 02/27/2020 RORY HICKS

I'm a mama bear and grandma and appreciate having Carolyn working with my son to protect his rights as a father. She is down to earth and a regular person who doesnt tangle you up with legalease. Review Left On 05/27/2020 Kathleen Oman
Her fees are the best I have found along with great reviews she cant be beat. Review Left On 05/29/2020Bradley Nugent
Are you looking for a dynamite attorney that actually cares about their client and actually wants to win? Then retain Ms. Chan. She is relentless in making sure her case wins. She is very reasonable in her fees, she is worth every penny! She has been awesome with my case. She is extremely knowledgeable of family law, domestic violence and criminality. All things that my case is riddled with. She is a tough cookie, but she definitely knows what she's talking about and will go to hell and back to make sure she wins for you. Go with Chan, you won't regret it. Review Left On 02/27/2020 Lacey Turner
Fair prices and straight talk. Often times you get a lot of run around from attorneys spouting legal jargon that the everyday man or woman can't understand...Miss Chan puts it in layman's terms and talks with intelligence but not as though she is above anyone...as an equal. We were treated fair and though I wasn't involved in the legalities, she listened to my perspective as an outsider looking in on a difficult situation. Highly recommend her. Review Left On 04/17/2020Robert Snow

Amazingly, attorney Chan worked on my extremely difficult case for almost 4 years, and because of the issue involving a criminal informant party, the case was railroaded due to the judge giving kids to the wrong parent; however, attorney Chan told me I would need to leave the county in order to get back the kids and she was right! I moved and eventually the informant got caught with child pornography (lots of it) and he was arrested. Also, attorney Chan helped steer my other case--which was not even in CA--to victory, by pointing out jurisdiction issue/fraud done by the father (not the same father I just mentioned) and I got sole legal and physical custody on that case also!!!! Attorney Chan is really really a big strategy attorney and she will not fail you. Not ever in my opinion because litigation is one of her strong points! Review left on March 15 2021 R. Stiles
She has provided me with excellent service in dealing with my case. Miss Chan knows her stuff. She has been a life saver. I would recommend her services to everone. Review Left On 02/27/2019 Nicki Bennett
Carolyn was super amazing in helping me navigate an extremely stressful and emotional legal issue. Her knowlegde of the law is excellent as she responds to communication very quickly, and is very forth right about possible outcomes. I would absolutely use her again and highly recommend her to anyone navigating a pet or family issue (in my case it was both). Review Left On 01/27/2020Deekay David
Ms Chan has been my attorney for over 25 yrs. She has handled my divorce from how to resolve my case and helping me keep my children in a professional manner at a very reasonable cost. I can't even imagine what would've happened if I didn't retain her services.
Review Left On 08/19/2020sigrid wroolie Wonderful. I have very complicated situation and Carolyn was the only attorney I spoke with that understood and offered solutions. She is confident and professional. After hiring her I could sleep nights knowing she was there to help resolve what seemed overwhelming. Even the judge straightened up when she spoke firmly and pleasantly. She cuts to the chase to get things done not wasting billable time. I trust her to protect the issues I most value. Review Left On 05/27/2019Duckie Maggetti
Thank you for everything and all the help with my case definitely recommending you if i know anyone who needz an attorney Review Left On 08/07/2020dave parks
We hired attorney based on a friend's recommendation and after looking at various legal sites because we needed a stand up type of person who is not afraid to speak up [after having suffered from using a very weak lawyer in the past, it didn't work for us....]anyway we found the attorney's insight on people to be very keen, and she was more than willing to go the extra steps we needed to get the result we were working on , plus she even talked to us after hours several times. Talk can be cheap sometimes but for me personally, I am more than happy with the attorney's service to us. Review Left On 12/27/2019Dale Hanson
Though I have not personally talked with Ms Chan, I can say she has given great counsel to my daughter at fair prices throughout her difficult process of her divorce. Review Left On 11/13/2019
Carolyn was a great choice! Her prices are the best I've seen and she truly cares about her clients. Carolyn was by my side throughout the entire process with great advice and support in and out of the courtroom Review Left On 06/27/2020 Michael Alexander
Review Left On 06/27/2019Remy Martin I appreciate her honesty and the fact that she's blunt. There is no guessing what she means which is very rare to find; especially in an attorney. She has given me hope and there is a light at the end of this custody battle.
Review Left On 06/24/2019Denny Patinoz For what I was charged especially, and the research done, I would recommend her because she tries much harder than other attorneys I have seen in past, knows what she is doing in strategy, and can own the truth, regardless. Hard to ask for more, no joke. Especially these days!

Friday, July 16, 2021

The big question of whether Covid Originated in the Lab--Biden Pushing for More Information....

'NOW, MORE SCIENTISTS ARE CONFRONTING THE GAMUT OF PLAUSIBLE THEORIES--PARTICULARLY GIVEN CHINA'S OPACITY ABOUT THE TOPIC, although many still caution that entertaining the idea of a lab leak requires clear scientific poof, which hasn't materialized..." https://www.nbcnews.com/science/science-news/lab-leak-theory-science-scientists-rcna1191 https://science.sciencemag.org/content/372/6543/694.1 United States President Joe Biden has ordered US intelligence agencies to take a new look into how the Covid-19 pandemic began, noting that Western observers have yet to be granted access to key laboratories to determine “whether it was an experiment gone awry.” ------------------------------------------------------------------------------------- https://www.cnn.com/interactive/2021/02/asia/china-wuhan-covid-truthtellers-intl-hnk-dst/ https://nypost.com/2021/07/24/heres-all-the-proof-biden-needs-to-conclude-covid-19-was-leaked-from-a-lab/ (this is pretty self evident in my opinion), but even if it was true, that a deadly virus HAD escaped from a lab, this is not likely the only place that a government could pretend it never happened. But because it just SO HAPPENED to take place in Wuhan, and it did not seem that China was prepared for it, just imagine how much worse it could be if worse germ warfare was used, and it killed people much faster?!) Problems caused by covid— I decided to do research on the baloney out there......I am familiar with animal law generally, and had learned many years ago, that animal activists would definitely be in the Congo and wherever there would be both animals and people-- I noticed that both AIDS and EBOLA all stem from the areas in Africa where certain animals are....if you ever decide to research the historical events covering epidemics, pandemics etc. you will find that these strains have been in the animal world for many years, if not centuries....most of us know that squirrels and rats can easily carry the bubonic plague?
https://www.usatoday.com/story/news/nation/2021/07/23/colorado-plague-child-death-reported-diseased-animals-found/8073521002/ *Plague is caused by the bacterium Yersinia pestis. It spreads like this: Wild rodents — chipmunks, mice, squirrels — can carry the bacteria. The fleas that live around them feed on them and pick it up, spreading the bug to other mammals they bite, including humans.

.....Which is why people DIED while at Yosemite National Park: Plague in Yosemite - Yosemite National Park (U.S. National ...https://www.nps.gov › yose › planyourvisit › plague Jun 24, 2017 — Plague is a rare but serious disease that humans can contract from infected ... on the fingers, toes, and/or nose, may turn black and die. Another Yosemite plague case reported | CNNhttps://www.cnn.com › 2015/08/18 › health › yosemite-pl... Aug 18, 2015 — Teen, adult with plague die in Colorado. Medicine has come a long way since the the Black Death during the Middle Ages, with antibiotics and ... At least 6 people died from bubonic plague which was traced to the rats in some of the buildings rented out to visitors? People should NEVER try and pet or get close to squirrels or rats! And even though it's legal to BUY a rat at a pet store, you may recall that a young boy died due to his own rat carrying a disease and his family tried to sue Petco? They lost the lawsuit. --------------------------------- Petco found not liable in death of San Diego 10-year-old from ...https://www.latimes.com › local › lanow › la-me-rat-bit... Apr 20, 2017 — A San Diego jury has found that Petco was not negligent when it sold a pet rat to a 10-year-old boy who later became sick and died after ... Rat Kills 10-Year-Old; Jury Sides with Petco in Lawsuit ...https://people.com › Pets Apr 20, 2017 — ... with Petco in Case of Pet Rat that Bit and Killed 10-Year-Old Boy ... he contracted from his pet rat, which was purchased at the store. Petco Found Not Liable in Death of Boy Who Contracted Rat ...https://ktla.com › news › local-news › petco-found-not-... Apr 21, 2017 — Aidan Pankey contacted rat-bite fever about two weeks after the rat was purchased; he died in June 2013, the family said in a lawsuit filed ...

Wednesday, July 7, 2021

Is There Really Such a Thing as "Fathers Rights" ?

LET'S just say this.....the fact that in the past,fathers throughout the USA have had to fight hard to even get what is oftentimes simply handed out routinely to women... is a huge clue? -------------

Over the years, I have personally witnessed many cases where men were routinely ignored and where many women just sat there and collected support...while not every case is exactly the same, I have seen disturbing patterns emerge from what appears to be a type of claimed entitlement by women who do not want to work....and NOW I do NOT do any child support cases any longer. I have seen disturbing trend in DCSS to rubberstamp everything---no thanks. I used to work for a Father's Rights group in So Cal and I like to even the playing field, because I have seen far too many women take advantage of situations, and although the laws may seem to help women more than men, I did not write the laws!

Image by PublicDomainPictures from Pixabay

However, I am willing to defend those who have been fighting uphill battles against people who believe they are either entitled, or they own the kids, or some other nonsensical garbage, and especially where they are liars. We normally catch those people (the parent or parents) in the act because they will use anything they can to get one over on the other parent. Such things should never be happening and often in the mix we will see mental issues involving bipolar, paranoid, rage syndrome, criminal issues, and breaking of the law. This is fairly common in this county (Butte)...Therefore, having seen these issues over and over and over, it might benefit a parent to get legal help.... It is not a fast process, believe me, but once you can garner some sufficient control over the situation, it will become easier.

Sunday, July 4, 2021

Attorney's Tiger Team Approach, Yes Even in Family Law



A tiger team is a known professional method of breaking down a problem into smaller segments to isolate all possible issues; for example, in software engineering, it is common to use tiger teams. In scientific issues and spacecraft (where it kind of originated) it is par for the course.


When difficult family law issues arise, it is basically the same method except science kind of goes to the mental issues, and the remaining problems can be a mix.  We don't expect clients to handle the legal issues obviously. Past mistakes or errors in cases are more common in cases where the parties have never solved anything, but continue to battle year after year. After viewing many cases where nothing has seemingly changed over the years for the better, sometimes clients will refuse to do things differently for various reasons.


However, it has been attorney's experience that in breaking down the issues, most attorneys focus only on the legal problems. While that certainly is the course of action for the attorney, many other elements of the case will come into play. Having a wide background of experience in dealing with many types of individuals, attorney has found that certain types of people will focus on certain issues only, while ignoring other problems completely. It has also been noted that ignoring some issues can cut off solutions that may actually exist.  This is somewhat difficult to diagnose until one has enough experience in the field, but like a car mechanic, we basically know what to look for.

A root cause of failure is often due to the parties making decisions
 based upon improper assumptions or beliefs.

Particularly because attorney has much experience as defense counsel, this brings an additional element into the case which is often helpful. Many family law attorneys have never been practicing defense attorneys.  There is a difference. And there is a difference in setting up a defense as well.

Clients that have been wrongfully accused of anything will benefit in hiring an attorney who has done defense work, criminal defense and similar situations. It would be similar to hiring an insurance defense attorney, many of whom can be difficult to work with.. LOL and that was the point here.

**http://www.pavlak.net/MTT.pdf 
       by A Pavlak - ‎2004 - ‎Related articles
Dec 21, 2004 - TEAM PROBLEM-SOLVING FOR THE 21 CENTURY. ST ... to earth. NASA's sensational success made Tiger Teams part of our lexicon and a popular ....                                                                                                      modern tiger teams- Dr. Alex Pavlak

Friday, July 2, 2021

Do You Want to Win Your Case? Should You Hire a Litigator? Do You Care?

What Type of Attorney do You Really Need?         Do You Want to Win?       You Don't Care? THEN READ MY REVIEWS .... https://affordablefamilylawattorneychico.blogspot.com/

*People must care,  because about 2,609- 2,857   2,934-  7,808 people have read this post*

Do you have a case where you want to win, or need to win your case?
Do you have the winning facts?  Do you know what law would or would not support your position? Do you want or need an actual litigator for your case?






Hiring an advocate (attorney litigator) is not the same as hiring collaborative attorneys. Also, mediating* a case with only one attorney means ...The mediator helps people talk the issues through, supposedly helping to "settle" the dispute themselves. In this attorney's opinion, it would not be recommended in most cases, because typically the overbearing spouse simply bulldozes the other spouse.

*[Mediation for visitation is not the same thing as mediation of an entire divorce case. Mediation for visitation/custody is required by law in CA when there is no agreement.]


There are many pitfalls that can arise in divorce; many of them involve financial transactions that one spouse had no knowledge of; assets that one spouse did not know about; children that were conceived outside the marriage and spouse never knew other spouse was paying; secret business dealings that was predicated on all cash; illegal actions by one spouse implicating the other spouse who had no knowledge; large debts racked up by one spouse, without the other spouse even knowing such debt existed; one spouse signing the other spouse's name for a credit card, then ruining the other spouse's credit.... NONE of these things, in this attorney's opinion, should be addressed in either mediation or collaborative law scenario.

That is because there was a huge breach of fiduciary duty that has serious consequences to the guilty spouse. That should be done in court since the guilty spouse should have to pay for wrongdoing. (Of course if you are too afraid because your spouse might try and kill you then you better go get help right away.)


Especially if you have issues in the 3 lines below, which happened BEFORE the case finalized---- you should never hire anyone except an advocate litigator. Aggressive at that. Plus, there are huge time barriers to trying to set aside any of this!

Fraud, Duress
Mistake, Coercion,
Failure to Exchange Declarations (Assets Debts)-or-
  when exchanged, i.e.--have false, misleading or improper numbers, values, dates..

When clients hire attorneys to get something done, especially in family law, it's often because one SIDE tried to take advantage of the other side.  If you have a family law case where both of you AGREE on everything then you may not need separate attorneys, except perhaps to create a settlement agreement.
However if you actually never knew your legal rights and decided to just move ahead without knowing if what you were doing could harm you, that is dangerous. One caveat--beware the notion to eliminate spousal support in the future, NEVER give up that right. If you do, and you shack up with someone down the line, the other side has ability, potentially, to eliminate your support.... I can't say more re this topic because it is more complicated than it appears. Just BEWARE!! You should consult an attorney before making any key decisions.

HOWEVER, the vast majority of most divorces and break ups, are because the couple cannot agree on a lot of things, including (just an example....) post judgment orders.........

How to raise the kids-- too lenient?  too strict?
How to spend income from employment or inheritance
What to do with spouse that is either dangerous, aggressive, drinks too much
How to get out of supervised visits?? You have an ex spouse also?
Your spouse is bipolar and can't be controlled?

Of all the problems attorney has seen over several decades, the problems around children tend to generate the worst issues, followed by physical harm, financial issues, and alcohol or drug use.

And remarkably, attorney has seen clients REFUSE to take what he/she is entitled to, and then SETTLE a case by using an attorney who is or was a mediator, --- in other words, the attorney is not acting as a litigator for the client?





If you are entitled to something, why would you pay someone to settle a case 
when you could have settled it without help????   

Collaborative law and mediation means if you don't settle the case
 using whomever you hired, those attorneys cannot represent you in court anyway.

You THEN have to hire new attorneys!!

While mediation and collaborative may be good for some cases (which means you are settling case by paying people to settle it without court)-- it is essentially negotiation. Judges are not involved. If you work something out and then don't like it later--- what you have -- is a problem.

              Some of the down sides of  collaborative law (which includes hiring people like accountants and other experts) and which makes it costly:

The Expense; Impact of termination and cost of new counsel; No advocacy for one or both parties; directed conversation between parties, power imbalances, difficult issues might remain secret (such as domestic violence, addictions, drugs, gambling, infidelities,etc.); Possible inadequate information collection, potentially less support for views of children.

Basically, in mediation there is no advocate for YOU.
In collaborative law, BOTH sides work on issues, but NO ONE is an advocate for YOUR side.
The collaborative view is to work out issues, not really take sides as an advocate----a true advocate is there to represent YOU, not the spouse.

This is part of the reason that most people in a divorce WANT an advocate, and need a litigator --- because they are being taken advantage of, steamrolled, or being misled or manipulated.

You don't have to believe attorney, look at one of my other sites for example, where it is stated in plain English, by the mediator--  that making the decisions with a mediator is not the fault of the mediator, and the mediator is quoted... (and quite frankly,the mediator does state the truth)

                        "The role of the mediator is to assist the participants reach an agreement. 
 It is not the mediator's role to give legal advice or to assure
 that the agreement is fair or equitable to either party.  
There may well be unintended consequences resulting in one or more
 of the participants suffering "buyers remorse", but they made the decision
  to accept the terms  and entered into the agreement, not the mediator..."

 Note--again, the "mediation" we are speaking of, is NOT the family law mediation process that the COURTS do, for contested custody.

       Private mediation means both parties choose to use one mediator to arrive at some agreement, and because a mediator does not dispense legal advice the way a legal advocate would do--as in actual litigation--where each party is represented by their own separate attorney-- the "mediator" himself or herself--- is only assisting both parties to REACH an agreement.
________________________________________________________________________________

***  Carefully NOTE-- the mediator does not need to assure   either party that the agreement is fair or equitable to either party. 

(Supposedly because that isn't the mediator's "role".....)


 LOL-- that's fine if you don't care what you are getting,
 or you don't know your rights and you don't care about
about that either??


 Unfortunately---if you do this and  "then" realize you lost out on something
 because you did NOT know your rights at all---then guess what???

 You are in trouble, most likely.
_________________________________________________________________________________

*** I  can almost guarantee that this  blog has more information in Northern CA on issues that arise, than the majority of  family law websites. Some attorneys do explain the laws, yes.   Attorney herein,  typically will write, argue, and inform... and help people, the purpose of the writing is to hopefully enlighten--so that you can make better decisions. Many attorneys are afraid to talk about winning and losing cases because some type of opinion could be involved, however, every client always has their own opinions, and those usually need to be understood first?
                      
NOTE: all of our content is original, if we have mentioned a subject from another site, research info or similar, we will include a link. We have no need to use other people's content and claim it is ours. In animal law we may occasionally quote, due to the specificity of the data,but there will usually be a link also.
There is one family law attorney site down in So Cal which is fantastic, and according to their site, they usually win their cases. However. what I noted from the site, previously, is that they do not take certain types of cases, including Domestic violence or Restraining Orders. They may have changed that presently though.....They appear to represent well to do clients with cases that end up winning, and they are not afraid to give the summary of why, how, when?


    All people reading and browsing should use their own diligence to obtain correct information and for checking laws, we would use findlaw.com.  If you do not have money to spend for an attorney and have been married a long time, or over 10 years, or have special needs kids, or have been abused, do NOT simply ignore the law and give your other half whatever he/she says to do. Consult an attorney to make sure you are not being screwed over and taken advantage of !!            


.... ----->>>----->>>>> and last but not least, another review from another gal that needed help and direction... The BIGGEST COMPLIMENT EVER....... Tina Taylor's Review of Attorney Chan from 2018 ....
"I spent five years embroiled in a highly contentious divorce in which I lost everything. As well, I was attacked by my ex-husband during that divorce, leaving me disabled and unable to work."

My attorney in Lassen County did nothing to address this violence and in fact colluded with the other parties counsel. Judicial misconduct also took place in this case.

Oviously, this has left me in a difficult situation both legally and financially. I've spent the better part of a year searching for legal help with no luck whatsoever......... until I called Ms. Chan. Although she is not able to take my case, due to the county where it took place, she actually talked with me..

Not only did she speak with me for more than a few minutes sharing useful information with me, she did so pleasantly, willingly and for no charge. If that wasn't already more than kind and generous, she phoned me a week later giving me the address of a website that has proved extremely helpful.
Ms. Chan's moral principles and ethics are admirable, refreshing, and deserving of respect! Additionally, I read about Ms. Chan's advocacy for animals in her bio and in my opinion, that earns her extra points as a responsible attorney and a fine human being... --------------------------------------------------------------------------------------

Attorney posts this above---because: (a) it is true (b) things like this situation are more common than people realize (c) Lassen County is definitely corrupt

(d) attorney herein has experience in family law, civil cases, criminal defense, bankruptcy, animal law, and probably a little more.....and even if attorney does not know the answer (which happens at times)-- attorney is always willing to try and find out the answer.... (e) attorney believes that all clients appreciate it when attorney treats them like people, just normal everyday people, with common courtesy


(f) attorney believes that many clients are not treated very well by many attorneys generally (g) attorney believes that law school does not prepare attorneys to handle people at all, and that many attorneys simply believe they are too 'high' on the chain, and must talk down to people (h) attorney doesn't believe that winning is everything in all cases, but for many of the cases, it is crucial. Therefore my goal is to usually win.

Last but not least, attorney has been involved in animal law cases and related issues, and has what would be considered a very high degree of knowledge in animal law issues, including breed specific legislation, dangerous dogs, personal injuries involving dogs/animals, negligence involving animals, animal control/animals, seizures, illegal seizures, humane society groups, fraud by alleged "humane" non profits [good,bad,sued or fake], lawsuits involving animal control/animals/owners, replevin or writ of possession, abandonment/fines, rescue animals/groups [bona fide/not] issues of rational basis/health/welfare/safety, improper application of the BCS method used to convict owners, constitutional law published cases on First Amendment involving animals; issues involving service animals, therapy and emotional assist animals, vet negligence, animal abuse (or claimed abuse), penalties for alleged abuse or convictions, and more.

Sunday, June 27, 2021

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 tired of hearing the same old stuff every day in court.  Pretty soon they are on auto pilot, don't seem to hear what you are saying, and send everyone to required "mediation."
  But mediation doesn't change people.  

BE VERY VERY AWARE: MEDIATION IS A *REQUIRED *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. Typically judges tend to rubberstamp mediation reports about 75% of the time, *however* that does not necessarily mean you will lose. Unless agreed upon by the parties, a trial can be held over a disputed mediation report. This can become very expensive, especially if you hire a court reporter. When and if the clients don't follow what they are to do according to the mediation report, 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.




Note---if you read the above words in the black box, and take offense to it, please stop reading
now, because attorney would not be able to help you. The reason is, attorney is highly realistic and will not sugar coat facts, particularly where that would end up making the case worse.
         Adults must learn that to be treated as an adult, we need to stand up for ourselves. It's one's own job to do that. IF you cannot do that, it is likely attorney will not be able to MAKE you do it; attorney can only give advice, NOT make anyone take or follow it. In fact failure to stand up for yourself may have contributed to your position currently--but if true, and you are trying to improve, then I salute you for trying. It's a start and it's better than doing nothing!
---------------------------------------------------------------------------------------------------------------------

It's pretty simple that if your spouse or significant other...has a difficult personality or is bipolar, a narcissist, a pathological liar, a liar for most of his or her life,an emotional misfit, schizophrenic, or a negative, blaming, jealous,overly suspicious...conniving...threatening...over the top nutcase, alcoholic, drug user extremist,child beater, law breaker,alcoholic, hard drug user,gambler,no drivers license, no job,no common sense,and keeps doing the same crap over and over then you likely either need to get professional help or a new doctor or another helpmate? When one realizes that the other person posesses 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 allowing 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 Would have had 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!

#1NOTE: “Case results depend upon a variety of factors unique to each case. Past Case results do not guarantee or predict a similar result.” 

#2NOTE: IF you and/or spouse intend to file bankruptcy and you will be in the divorce at that time, you should FIRST  seek counsel from a bankruptcy attorney, as the timing of the filing can impact the divorce and it may be subject to the automatic stay !!~ 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+Bankruptcy 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 likely be in Eastern District Court, Sacramento.)
                                     


Friday, June 18, 2021

The Truth about Spousal Support and Winning Big Somehow!

Of many of the things that people hate--one of the worse complaints seen, is when someone has to pay spousal support to someone they don't like anymore? It's not like we don't get it, I believe everyone understands it, but no one likes it. If someone is really worried about ever paying such support, it is best to never get married, or to have a prenup that will do away with it to start with. I am actually surprised that the spousal support laws are still in existence, because back in the day when women didn't work has been gone for quite some time. Anyone who doesn't have to work is usually either very wealthy or just plain lazy. Of course some people may be disabled and can't work. Nevertheless, the spousal support rules are still in place. Under certain conditions, such as if a divorced person decides to shack up with a new boyfriend, then this might stop the ability to obtain further spousal. However there are very few conditions which stop spousal support generally.
Most people getting married never think of such topics, however since about half of all marriages end up in divorce, one would think that some planning should be done just in case. How Does the Court Determine Spousal Support? Spousal support is gender-neutral, meaning either spouse can request it from the other. However, the hallmark rule in any spousal support case is that the requesting spouse needs the support, and the other can provide it.

If you can't pass this basic test, the court won't award any support in most cases. And in some cases, if you are convicted of domestic violence, the court may decide that you are not exactly worthy to even receive spousal support in some cases--this is an interesting area of law in California, and is too involved to discuss fully on this blog. (If this happens to you in reality, run to the best attorney you can find!) For temporary support requests, the court will gather financial information from each spouse, including information about income, expenses, assets, and debts and then determine an amount using a temporary support calculator. Spousal support in California-- generally--- the court will determine each spouse's income and evaluate the following typical factors to determine a final amount for spousal support, usually there are about 14 factors, give or take..... =============================================================================== The parties' earning capacity, the extent to which the supported spouse contributed to the other's educational degree or professional license during the marriage; the paying spouse's ability to pay spousal support, considering earning capacity, earned and unearned income, assets, and standard of living; each spouse's needs, based on the marital standard of living each spouse's debts and assets, including separate property, the length of the marriage, the supported spouse's ability to become employed without interfering with the care of the parties' minor children, each party's age and health, whether there is a documented history of domestic violence against either party or the children, tax consequences to each party, the balance of hardships to each party, the goal that the recipient spouse will be self-supporting within a reasonable period of time, any criminal conviction of an abusive spouse, and any other factors that the court wishes to consider (CA FAM §4320.).
These cases can become quite interesting as there will always be cases that have some different and key attributes that may either impinge on one party, or create a windfall type of scenario to another party. For example, in the unlikely scenario that one divorces and then wins a huge lotto amount-- let's say $500,000--this could really be a detriment to the paying spouse!!! Anyone who gambles big, best not to put their personal money into such things until you are actually no longer living with the spouse and are already separated.
A difficult example might be where one was gifted money from a family member, it was not earned income, it was a gift--then you take the gift money and win $50k--would the $50k winnings be counted as "income" during the marriage, and would you have to give up and disclose all of it? I am not absolutely sure that you would, as it was not community money, it was a gift to you. [Of course, even if you are already separated, and did win, you would still have the big money and it could still be counted toward spousal support, but the former spouse would not automatically get 50% of it since you were no longer living with the spouse.] It is a well known fact that a lady in California actually DID win a huge lotto, but she was still married to the husband, and when she won the lotto, she just divorced him but never admitted or disclosed that she won the lotto. The ex husband accidentally found out down the road, and he re-opened the divorce because she won the lotto while still married? You see what I mean? Because she did NOT ever disclose that fact, the court made her give up the entire amount to the ex husband!!!!!!

Sunday, May 30, 2021

Spousal Support and Misdemeanor Domestic Violence Conviction--Will It Affect Spousal Support??

https://domesticviolencelegalchico.blogspot.com/
An actual conviction of misdemeanor domestic violence against the other spouse within 5 years prior to the dissolution proceeding being filed, or after-- there does exist a possibility via rebuttable presumption, that the spouse who was convicted--is not entitled to receive spousal support under CA Family Code section 4325. Under CA PC1203.097, if such abuse is done by a spouse against the other party (within 5 yr prior to the divorce filing or during the divorce), there is a rebuttable presumption that convictions which occur on or after Jan 01 2019, are applicable...)
It is stated under that specific code, that an injured spouse should not be required to pay any attorney fees of the convicted spouse out of the injured party's separate property. It is suggested that IF you are an injured spouse, due to the domestic violence of your former spouse, to look at this law in detail to see if you qualify for not having to pay spousal support.....felony convictions are even more severe under FC4324.5. In addition, if you need monetary help, the State Board of Control in Sacramento handles some of the monetary aspects for crime victims. They can also help victims get more protection through criminal protective orders instead of just a "DV TRO" which in some cases, is not enough of a deterrent to stalkers, for example, or those with mental illness, serious drug use, etc.

Custody and TRO Temporary Restraining Orders

Originally posted 1/19/15
Domestic violence related Restraining Orders are a huge problem, and if you either need to fight one, or obtain one, be forewarned-- it's sometimes easy to GET a TRO, and defending against them is best reserved for defense attorneys or at least attorneys who know litigation and not just "settlement." Attorney herein has criminal defense experience (i.e., handling gang case, accusations of crimes, criminal informant cases, wrongful DV cases, etc. etc.)

From a defense perspective, very few TRO claims are readily settled--clients are either too upset, too physically harmed, or they made up facts in order to get back at a spouse. Attorney has seen plenty of vindictive TROs over the years. Often Judges just rubberstamp them, and issue them for 3 years.

Beware if you need to defend against a DV TRO, because a spouse or partner can be most difficult to work with. Knowing that, you will need a lot of help to prevail.
Make sure your attorney can properly defend and fight for you.  If not, you stand to lose quite a bit, both financially, and emotionally.   

If the DV TRO is issued against a party, that party cannot presumptively be the custodial parent, especially if criminal charges are filed.

This means that automatically, unless proven otherwise, you are likely out of the picture as custodial parent, even if you already were the custodial parent. This would probably require a trial to change that.  And depending on how bad you lose the case--- you may be in for a real shock to find that you will not be getting what you want visitation wise, especially if you have engaged in physical violence or otherwise illegal conduct which rises to a level that is not acceptable.

Attorney has seen rather worthless DV TRO cases filed, but has also seen plenty of viable cases filed for good cause. IF you have found that a DV TRO was filed against you, be very careful in your methods of trying to solve the problem. Attorney has seen some litigants resort to horrendous behavior that borders on extortion or attempted bribery.

This should never happen and will definitely not make your case easier. If the case is litigated, you better obtain someone who knows family law and restraining orders, and has done a lot of them.

Especially if you actually have caused harm, and it is not disputable, you will be in for a very rude awakening the hard way.
This is not new to attorney herein.  Even if judges have tightened up on handing out DV TROs, the majority of judges know bad or illegal behavior when they see it.

The best defense in such a case is to be prepared ahead of time, not after the fact. Make sure your attorney is not simply focused on settling everything while you lose out. Much of divorce these days requires the ability to litigate for the client. Settling does not always work.

While some cases might result in a modification of the order, many of the cases do not, and many litigants attempting to win at trial on these cases will in fact, lose.

Note: We always notice when there is a spike in readership on TRO DV cases, because the litigants will usually look at attorney's blog for information. This has happened for many years, as attorney has done DV TRO cases for quite some time. DV TRO cases are supposed to be heard by Judges, but if a commissioner is assigned, especially for trial, this normally  requires a specific stipulation  You can check the case of Settlemire in San Luis Obispo. 










Sunday, May 16, 2021

DID YOU LOSE YOUR CASE AND DON'T KNOW WHY??

In some instances, clients do lose their cases, especially when it comes to Family law, of that there is little dispute. WHY you may have lost, even if temporarily--can be due to more than several reasons.

Some common issues involve being unprepared, having the wrong evidence, misleading the court, not following the rules, ignoring what Judge had said, not liking the "mediator" and the report, ignoring the court rules for dates (and you missed hearings), having judge yell at you because of some of the above, failing to show up for court, arguing in court after judge told you to stop talking, ignoring the FOAH of the case and doing whatever you wanted instead, failing to provide adequate supervision of kids, allowing kids to be there when drugs are present,
.....allowing a dangerous animal to be with kids and one kid is harmed, failing to tell other parent when child is sick, failing to get child doctor appointments, failing to have the child's teeth fixed, or any other health problems, claiming you were too sick to do something yet you were partying and people put it on Facebook (people should not be using Facebook if they want to win their family law cases..), using drugs then expecting your kid won't see you but he/she sees and rats you out, ignoring the laws re drugs, drinking and partying and allowing children to be there WATCHING you???

Saturday, May 8, 2021

NEW CASE, NEW WIN!!

Sometimes we find that certain cases are fairly egregious--meaning that they are bad and worse, and even with several years or many months of waiting and litigation, there is just no good ending?

However, in a recent case, not only was there a great ending, custody (physical) and full LEGAL custody of the minor child was changed from one parent to the other under fairly bad circumstances, and only after both the county and other government agencies decided that the PARENT who had actual physical custody...should likely NOT maintain that custody?

Most of us realize that certain parents are not good parents....and even if given many chances, some parents simply ruin their own kids' lives? Thankfully, in this case, the governnmental agencies got to the bottom of what was actually transpiring, and recommended that the child be moved from the custodial parent, and placed with either family members, or similar? After this occurred, the custodial parent sill did not parent the child effectively, and subjected the child to numerous situations which included living in a place with no electricity, no water, no electrical power, etc. Of course, this is not legal. Instead of getting help, that parent did not rectify the situation.
Often in a case such as this, CPS is forced to take action, obviously. However, if other family members are available, the child can be moved out of the bad situation and be adequately placed with family rather than foster care. When an errant parent then hires an attorney to defend bad behavior, it goes without saying that such tactics are not only wrong, but will likely result in more harm to the child.

Such was the recent case we just saw, but thanks to the cooperation of the family members, and Judge realizing the child should be placed elsewhere, custody (legal/physical) was given to the other parent, with very minimal visitation rights to the former custodial parent!! This is a sad but true scenario...no one likes to see children harmed. In this case with a happy ending, at least one child was saved from further abuse and lack of care from his or her own parent!

Thursday, February 11, 2021

Did Your Ex File a Move Away...or Just Left With YOUR Kids!?

Attorney has seen cases where no one files a move away motion and one parent simply takes the kids and takes off!!? 

This is basically illegal in most cases... IF there is no marriage and no Parentage Act case filed, the county usually won't help you until you show them some legal proof that you are the actual parent.It is usually recommended that All parents have a custody ORDER! We have seen abduction cases where a parent goes to Mexico or Germany for example..... and the parent never finds the kids
...

We have also seen criminal informants be awarded custody and the other parent left in the dust?

 IF a parent does move away WITHOUT the children.... that parent would need to petition the court, usually through a divorce or parentage act case, to establish visitation.

IF one parent breaks a current court order and purposely physically removes the children to another location, city, state or country, you will need to notify the abduction unit to see if they will help you.  Normally they help those without attorneys (I say this because on the few times I have been there they did not seem to want to interact with attorneys)...

There are many different scenarios that can transpire but the worst is probably when a parent leaves the  country WITH THE KIDS!!  IF THIS HAPPENS TO YOU...YOU MUST ACT QUICKLY AND CONTACT POLICE AND THE ABDUCTION UNIT IN YOUR CITY!




 

Sunday, January 3, 2021

What is An Affordable Attorney?

Original Post August 2017

"Affordable attorney" -- for divorce, custody, restraining orders, paternity and division of property--  is probably something that most people believe, doesn't really exist.
In a way, that could be correct, as most attorneys charge quite a bit when the hourly rate is considered.

Many attorneys do charge for consultations, but some do not. Most attorneys with many years of experience do charge for consults.  The real question is, how many clients can really afford an attorney without going broke?  It is this attorney's experience that many clients will expend as much as possible and then find they are broke and haven't achieved the result they wanted.

Further,  attorney herein, with over 25+ years experience, has found that in nearly all cases where an opposing attorney represents the other side, this attorney's [the attorney who wrote this post] client's fees, are about  40-50% less than the opposing side, if not higher. Thus the opposing side's fees could be $8,000, but my client's fees would be about 45% less.

There are almost NO attorneys that do not charge by the hour.  Thus in order to charge a client less,
the attorney must either charge less per hour, or not charge the client for work done.




If a client has paid less for legal work,  BUT END UP GETTING THE RESULT YOU WANTED-- then you have gained  not only monetary savings, but have experienced what is like to have an attorney that actually cares about the client!!
Most attorneys are in this field for the money, and not necessarily  to produce a result; that is the opinion of attorney herein based upon years of watching the billing of other attorneys.

If you want actual, true value, and want to get more than you pay for, 
then I could possibly be a good match for your case.  

 I do not play games, and call them as I see them;  I am usually correct. 
This may result, at times, in other people or even attorneys, becoming irate under pressure.


This is nothing new to attorney herein.... 
in fact, one attorney (in court hearing)
 actually had the nerve to claim out loud-- that attorney herein
 'did not know family law' -- which is very untrue--
whereupon Judge then decided to award my client
 spousal support for 1/2 of the length of the marriage?  

We didn't expect to obtain any spousal support, as the ex had filed a DV TRO against my client, which ex's attorney just kept pushing forward (for a year, mind you) and never set a trial date.... BUT this then caused ex's  attorney to run back to his office and send attorney herein a nasty email claiming they were going to stop making 1/2 of the house payment, and evict my client? Which all went against the agreement that the other attorney himself actually devised?????Hello??!!~!

In several cases (not in Butte county), attorney herein was simply talking about the opposing party when she suddenly bolted out of her chair (she was apparently losing the case) and ran out of the courtroom! Surprisingly, that female later became a patent attorney [which is very difficult/technical, but not really an emotionally involved job!]

Call (530) 497-0777 to see if I am right!!!  As a dedicated litigator, I do not lose very often. Get results now!