Know Your Rights – Asylum Seekers

Know Your Rights for Asylum Seekers in Immigration Court

Know Your Rights When it Comes to your Immigration Court Case

Know Your Rights | Asylum Seekers in Immigration Court

There is this requirement that if you are seeking asylum, you must file your application within 1 year of your last entry into the United States. Of course there are some exceptions; but the usual “I didn’t know” reason may not be enough to satisfy the exception. It is important that you get informed. Here is a PDF prepared by AILA (American Immigration Lawyers Association) KnowYourRights with important information for Asylum seekers.

If you would like more information about asylum, give us a call (909) 538 8320 or fill out our free case evaluation form. 

Family Law Attorney Rancho Cucamonga

Three tips to remember for your Child Custody Mediation appointment

If you are involved in a divorce and neither party can come up with a custody and visitation plan, they often file a Request for Order with the court to see the judge. They hope a judge will decide what’s best parenting plan for their children or in some cases hope the judge decides on their side. If you are hoping for any of these results, you are in need of a rude awakening. You have to understand taht the California Family Code states that custody and visitation plans are made with the goal of achieving “the best interest of the children” not in the best interest of the parent. Who knows your children better than you? Certainly not a strange person like a judge, so why would you want a judge to decide what’s best for your children? However, there are some situations that require seeing a judge; but this post will focus on three things you should remember before walking into your Custody Mediation appointment.

Custody Mediation is basically a meeting with mediator.  At that meeting parents express their concerns, reasons for their request, and why they can’t reach an agreement.  The mediator recommends a visitation and custody plan for the parties that fits the best interest of the children. California Family Code 3170 makes mediation mandatory when filing for a modification of your custody or visitation plan. Many parents walk into mediation with the wrong idea. We recommend the following Child Custody Mediation tips to remember before you walk into your mediation appointment.

  1. You both love your children – The mere fact that a parent is present at mediation shows that he or she cares about the children. Perhaps in some cases, the parent is present because it could affect child support. Avoid thinking that way. You should go in the meeting with the idea that you and your spouse still love your children. If you walk in the room with the goal of bad mouthing the other parent, it may have more of a negative impact than a positive one with the mediator. Conflict between parents in front of the children can cause children to have more emotional and behavioral school problems than sheltering from your fights. If you both love your children you wouldn’t want to hurt them.
  2. Your children love both of you – Perhaps you are at the beginning stages of your divorce or parentage case, it is common to feel afraid that if you get less time than the other parent that your children will love the other parent more. Your children may not understand why you are separating or why their family is breaking apart. Your children are trying to adjust. They may think that they need to pick a side, and they are not matured enough to make these types of decisions. You may think your children are choosing you; but it doesn’t mean they don’t love the other parent either. Don’t hurt your children by saying mean or false things about their other parent. You may think that your children will probably never learn of the things you said in mediation; but that’s not necessarily true.
  3. “I don’t agree with the mediator’s recommendation so I’ll take my chances with the Judge” – This is risky. It just makes you sound selfish. However, there are situations where the mediator doesn’t listen or believe all of either party’s concerns and makes a recommendation for custody and visitation that doesn’t fit the best interest of your children. This is understandable; but if both parents can’t make a parenting plan, and you or both of you can’t agree with the mediator’s recommendation, you’ll have to face the judge. Judges will make the final decision on whether to grant your request or deny it. Judges often follow the recommendation of the mediator. If you are requesting a modification of your current visitation plan, and the judge denies it, you just lost time and money.

There are situations where the above tips won’t work no matter how much you want them to work. These situations may involve cases of domestic violence, child abuse or just complete lack of cooperation from the other parent. There may be other situations; but in these circumstances, you’ll have to understand the California Family Law Code in order to handle your case. It is best to retain a Family Law attorney that can help you obtain a visitation plan that protects your children from harm or abuse.

In most cases, follow these tips. You’ll be seen by the mediator as a parent who is concerned about his children’s interest and not about your interest.

Can the mother of my child get more visitation time because our son has a lot of homework to do?

Can missing homework cause me to lose child custody ?

Can the mother of my child get more visitation time because our son has a lot of homework?

You pick your child for your visitation time, you help him do his homework, you are feeling accomplished right? Then you get his progress report from school, and you learn about all the missing assignments that were no completed while at the other parent’s custodial time. What do you do? Run to court and ask for more visitation because the other parent is lazy with the homework?

In California, before considering a modification of the visitation plan, a court must find that the new visitation plan is in the “child’s best interest” pursuant to CA Family Code Section 3032, before even considering a modification of a visitation schedule. “What’s wrong with the current order?” Well, it is a conflict with a child’s schoolwork, which can be a basis for a modification. Changes could be made to the time and length of a visit, or visitation could be changed to another day. The assumption is that while the child is with the other parent, school work is getting done.

If visitation interferes with school, the non-custodial parent may be violating the terms of the court’s order. In most states, a court must find a change of circumstances before even considering a modification of a visitation schedule. Additionally, any modification must be in the “best interests of the child.

Do you have more questions regarding Child Custody and Visitation? Give us a call (909) 538 8320 or fill out our free case evaluation and we’ll get back to you ASAP.Free Case Evaluation

9th Circuit rules CPC 273a(a) – Not a categorical crime of violence aggravated felony

Court applied Almanza-Arenas and found that felony willful cruelty to a child under CPC 273a(a) is not categorically a crime of violence aggravated felony.

The court concluded that section 273a(a) is not a divisible statute because the alternative mens rea requirements are not “elements.” Rather, they are alternative means for accomplishing a single indivisible crime. Under the categorical approach, section 273a(a) is broader than 18 U.S.C. 16, and therefore not a “crime of violence,” nor does it qualify on that basis as an aggravated felony.


Great news for Immigrant Parents!

The Supreme Court has agreed to rule on President Obama’s executive action that would stop deportation to undocumented immigrants who have US born children. In addition, it will expand the DACA (Deferred Action for Childhood Arrivals) program from renewing every 2 years to every 3 years.

This is great news for many immigrants as a new hope has been given after a Federal Judge declare this executive action unconstitutional.

Click here to read the article from the Huffington Post


Get your Driver’s License back

Our client had 6 old traffic tickets that he had been trying to take care of on his own, one of which was a misdemeanor. His Driver’s License became suspended by the Department of Motor Vehicles, which made it difficult for him to get to work. He came to us and we took care of all of them. We received a fax from him with his Temporary Driver’s License. Congratulations to him! Let Burga Law Firm help you get your Driver’s License back. We’ll go to court and face the judge for you! Even if you have old tickets. The longer you wait, the more difficult it will get. Call us to get started!

Parent rage at the soccer field

It’s soccer season and that means goodbye weekends. This is the time when parties in custody dispute should do their best to work with one another to help their children attend their practices and games. As a volunteer coach and referee, we often see both parties (although sitting separate) watching their child’s game. I am glad to see parents doing their best in keeping things cordial and setting a great example for their children.

However, this weekend, a father felt like it would be a great idea to express how he felt about his ex wife at his child’s soccer game by screaming and insulting her in front of the other parents, and spilling her drink on her. Displaying rage or any kind of violent behavior at your child’s soccer game is always a bad idea. A violent behavior in public can have serious consequences to the children. In this case, the mother has every right to go court and file protective orders.

No matter where you are in public, keep in mind that the person sitting near by or the referee of your child’s soccer game could be a family court judge.