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

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.

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

Did You Post Too Much Online + Now Are Paying for It?

Find out how all that social media you are using might not be helping you?

http://www.jdsupra.com/legalnews/protecting-your-privacy-online-is-60687/

The Internet can be a great tool, but being careful with your data, photos and social media is common sense.  We have won cases because of social media, so if you have way too much overage in that
department, we suggest you read the link above to protect your privacy.

If it's too late for that, then call attorney for damage control.  Especially if it's within a family law case, this type of conduct (if it involves wrongdoing which may affect kids) can be the data that sinks you.

Chico Child Custody Lawyers - Local Attorneys & Law Firms in Chico ...

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Results 1 - 20 of 100 - Find your Chico, CA Child Custody Attorney or Law Firm. ... The legal issues surrounding a changing family dynamic can be stressful.

Chico Family Law Attorney | Family Law Lawyer Chico CA

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Experienced Family Law Attorneys in Chico, California. Chico Divorce lawyers representing clients in custody, spousal & child support.

Chico Family Law Attorney Christina LaPointe | Free Consultations

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Chico Family Law Attorney Christina Lapointe handles all Divorce, Child Custody, Child Support, and Spousal Support cases, call today, free consultations.

Chico Lawyers | Criminal & DUI Defense | Personal Injury | Family Law

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Chico Lawyers handle all Criminal and DUI, Personal Injury and Wrongful Death, Divorce and Child Custody cases, Free Consultations, Call Today ...

Butte County Family Law Attorney | California Divorce Lawyer

www.rykerlaw.com/

At our Chico, California, law office you can get the effective representation you need and the sense of urgency you deserve. Family law and divorce attorney ..

Attorney Helps Bring Kids Back Out of Hiding!!

This case is not attorney's case, but it is quite involved, and the affected parent was struggling with
multiple counties (and orders), CPS, errant claims by other parent (all unjustified) and attorney herein got first hand account of the facts by the actual client/her attorney.  While the errant parent (in yet a different county)-- is likely guilty of contempt--- that process takes a long time, and the offending party is appointed an attorney if he/she cannot afford one, since contempt is quasi-criminal.

Attorney herein was present when judge told offending party the rules for being appointed an attorney.  In meantime, attorney herein helped the client's attorney to devise a concise but correct summary of what was required to get an order for RETURN of the children with police assistance.

The order requested was to get return of the kids ASAP with police assist. That order was granted, PLUS, judge also ordered that the offending party have NO VISITATION!!  Not even supervised!!!

....on 9/7/17, the Father produced the kids back to Butte County-- as predicted by attorney herein.

As we know, an errant parent can listen to others who may steer the parent incorrectly.  However, when the offending parent goes out on a limb and makes ridiculous choices (hiding kids, pulling kids out of school, moving kids to unknown locations, lying about the whereabouts, using fake addresses, trying to alter the appearance of the kids, medicating kids so they can't talk to other parent,etc.) then we know that this type of behavior is not only WRONG --but it amounts to parental alienation, purposely done, so that the kids believe they are helping the offending parent-- because it's right??!!

Manipulation of the legal system and using kids as pawns to achieve a parent's goals (as bad as those goals might be)-- will likely never amount to something that is right.  It is nearly impossible to do something wrong to achieve something that is right in Family law-- although attorney has seen many years of people using this tactic.

As trial attorney, attorney herein has seen many, many civil actions go sideways; many family law cases go sideways because some attorneys actually do things which are pointless (but attorney gets paid to do it)...or even useless?  In this case, the client's attorney was doing the right thing and just needed to make sure the judge would understand the pervasive nature of the offending party's actions---because we all know judges are very very busy, and ex parte orders must be concise and to the point.  It is true, there is an art to being persuasive in writing, and in speaking for sure.  Over time, an attorney can improve his or her skills, especially in the speaking area, since judge might read your documents, but not understand what you want.  However if you work on the written wording so that your words jump from the page, it will just be that much easier for judge to give you what you are asking for?

 We always can't have the winning case, but as defense counsel-- we should be able to circumvent most objections. If not, then we better make sure we have a plan which foresees the obstacles, and devise how to get around them. This requires a strategy.  It takes time.

Attorney herein always has a strategy.  Losing is never part of that plan. It helps if you really know your case and what you are doing.

Call attorney today if you are not winning your case!  530 359 8810.