Questions Answered by Joseph Torri

Q: my kids mom is trying to take my kids to Texas we both share custody of my two kids can she??

2 Answers | Asked in Child Custody and Family Law for California on
Answered on Dec 2, 2017
Joseph Torri's answer
She made a move away/relocation request with the court. These are some of the most challenging cases in family Court due to the consequences of the court’s order. I’m confident her attorney knows the rules, etc. You should hire an attorney for this case since you may not know the details for the analysis. If she is allowed to move, you may have to pay a high amount of child support since your custody will be minimal. Consult with a family lawyer right away, and file paperwork with the court...

Q: My ex-husband decided to move to Riverside county 1 1/2 hours away from my home in San Diego County, which is not in the

1 Answer | Asked in Family Law and Child Custody for California on
Answered on Nov 21, 2017
Joseph Torri's answer
It’s possible to revisit custody, but consult with a family lawyer before doing anything. Generally moves like this should be evaluated carefully. If he took the kids with him on a primary basis, you should probably act quickly. If you have primary custody, the judge will probably state that the receiving parent picks up even if Dad is in Riverside. I have seen judges order the receiving parent pick up on alternate weekends when one parent lives in Arizona. Both parents can agree on a meeting...

Q: My son's father and i have a verbal agreement when it comes to custody but recently he has no where to live.

2 Answers | Asked in Family Law and Child Custody for California on
Answered on Nov 20, 2017
Joseph Torri's answer
Each case is unique. How he spends time with the children is critical. You can most likely come to a temporary agreement until he has a place to live. He has custody and visitation rights. Ask him where he intends to stay with the children if doesn’t have a place. The court will make temporary orders if a parent files a request for order for child custody and visitation. The court will make permanent orders (subject to modification) when the time is right. Most family lawyers offer a free...

Q: Does the person remainingi the house have to buy the other out?

1 Answer | Asked in Divorce for California on
Answered on Nov 19, 2017
Joseph Torri's answer
The parties can agree to any type of settlement they reach even if it doesn’t comply with California community property division laws, etc. If she doesn’t agree, you may have to split the equity. Determining whether the home is separate or community property is an important issue requiring an in-depth analysis that could factor into division analysis. Consult with a family lawyer.

Q: My ex and I are suppose to use each other homes as drop off on holidays, she decided to move an hour away, do I have to

1 Answer | Asked in Family Law for California on
Answered on Nov 14, 2017
Joseph Torri's answer
The court will probably find that an hour away (especially for holidays) is not a huge issue considering the court can order people to travel to Arizona every other weekend to drop off the child if that parent lives in Southern California. Local traffic is bad and an hour is a very common drive. There might be certain issues that a lawyer can look at more closely, but that requires a thorough analysis. Most lawyers offer a free initial consultation.

Q: How can I find out if I still have custody of my son without having to pay money

1 Answer | Asked in Child Custody for California on
Answered on Nov 12, 2017
Joseph Torri's answer
Going to the Clerk at the courthouse is your best option. The custody orders should be in place, and you should have been notified if they were changed, but sometimes that doesn’t happen.

Q: How much does a divorce cost if both parties agree to divorce.

2 Answers | Asked in Divorce for California on
Answered on Nov 12, 2017
Joseph Torri's answer
Based on your income, you may qualify for a fee waiver. The self-help center may be if assistance. Many offices handle these matters for a reasonable fee.

Q: If I have 5050 custody and my ex pays child support and made a court date to modify the payment cause I make more

1 Answer | Asked in Child Support for California on
Answered on Nov 4, 2017
Joseph Torri's answer
There’s a possibility that the court will modify child support, and it’s possible you will be paying her.

Q: I was served by my wife 4 years ago. I never responded. I now want to file on her. What's are my options

2 Answers | Asked in Divorce for California on
Answered on Nov 4, 2017
Joseph Torri's answer
You should seek a consultation from a family lawyer. There may be a default judgment against you, and that could mean the case is over with no relief, but a consultation should help provide guidance. You may be able to respond and file,but more facts are required to provide a thorough analysis.

Q: I have not seen my son in 3 years since he was 4 months his mom has denied me visitations many times so I took it to

1 Answer | Asked in Family Law for California on
Answered on Oct 9, 2017
Joseph Torri's answer
The attorney will advocate for the client. Attorneys are skilled at excluding evidence and making appropriate motions and objections. Courts will listen to the attorney for clear arguments. If the other side has a weak case, the attorney will help that person as much as possible. Both sides need to argue the case. You should consider hiring a limited scope attorney if you can’t afford a fully retained attorney. Most attorneys offer a free initial consultation. If you have evidence that you...

Q: I have proof of my sons mother telling me I can't see my son. Do I need to file this along with my court papers?

1 Answer | Asked in Family Law and Child Custody for California on
Answered on Oct 8, 2017
Joseph Torri's answer
Having a solid declaration is important. That attachment might be relevant to prove a specific point. However, analyzing the big picture is important. Sometimes litigants don’t always include every document for strategical purposes, but an attorney is in a better position to assess the situation. You may want to consider hiring a limited scope attorney if you can’t afford a fully retained attorney. More facts are required to provide a thorough analysis.

Q: My husband and I have been together 10 years. 7 years ago we bought a house. But only in his name. Now we are divorcing.

1 Answer | Asked in Family Law for California on
Answered on Oct 7, 2017
Joseph Torri's answer
You may have a community property interest in the house. In fact, it is likely that you have an interest in the home. More facts are required to provide a thorough analysis. Sometimes people sign away their interest in a property or something along those lines. These legal issues can get tricky. Most family lawyers offer a free initial consultation that you should take advantage of. You may be entitled to spousal support (alimony), if he is working, and the house. You may have an interest in...

Q: In CA does a non custodial parent have to notify custodial parent if they are getting married?

1 Answer | Asked in Child Custody for California on
Answered on Oct 7, 2017
Joseph Torri's answer
It would be wise for a parent to notify the other parent about the marriage. Any parent needs to know about the people living in a house the child goes to. Custodial and noncustodial parents need to know about the occupants of the residence. More facts are required to provide a thorough analysis.

Q: can the courts force a mother for a DNA for children she has sole custody kids are 6yrs. & 8yrs. old in California

1 Answer | Asked in Family Law and Child Support for California on
Answered on Oct 7, 2017
Joseph Torri's answer
There may be an issue with sole custody if the mother has sole custody without any court orders. If there are no court orders, it’s likely the court can order the dna test. There are circumstances when a court will not order a dna test, but more facts are required to provide a thorough analysis. If the court ordered the test, it’s likely to be a proper order, but judges don’t always get it right.

Q: I have full custody of my kids their father gets them every other weekend can I determine who he brings to pick them up

1 Answer | Asked in Child Custody and Family Law for California on
Answered on Oct 6, 2017
Joseph Torri's answer
This area requires a thorough analysis of the facts. It’s possible that the court would preclude someone from being present if there are certain issues, but it really depends on what is going on. More facts are required to provide a thorough analysis. Many family lawyers offer a free initial consultation.

Q: My partner , we are not married yet, pays 250. A month to the mother of his child who is 6 yrs old.

1 Answer | Asked in Child Support for California on
Answered on Oct 6, 2017
Joseph Torri's answer
It’s possible that his child support would decrease once his baby is born. However, he is not making minimum wage by making $1,600. The court can impute minimum wage to him which could potentially increase his child support since his is based off of a lower number. More facts are required to provide a thorough analysis.

Q: How can I get the full custody of my children?Their father has been out of the picture for 10 years?

1 Answer | Asked in Child Custody for California on
Answered on Oct 6, 2017
Joseph Torri's answer
If you were not married, you may need to file a paternity case. You may need to file a request for order for child custody and visitation seeking sole physical and sole legal custody if he has been out of the picture for ten years. More facts are required to provide a thorough analysis.

Q: Should I secure a job before divorce or after?

1 Answer | Asked in Divorce for California on
Answered on Oct 6, 2017
Joseph Torri's answer
More facts are required to provide a thorough analysis. Some people try getting out of support obligations, but that may or may not work. The court would need to look at the marital standard of living. The date of separation could be key, too. Filing for Divorce could provide a solid date of separation.

Q: I am fighting for more child support. The father has his girlfriend pregnant. Will it affect my child support battle?

1 Answer | Asked in Child Support for California on
Answered on Oct 6, 2017
Joseph Torri's answer
Once his baby is born, it’s possible that your child support will be affected. Did the court make a child support order, and do you believe the court will order more? Do you believe the father is hiding income? More facts are required to provide a thorough analysis.

Q: How likely is it for a father to get custody of his children if he has not paid court ordered child support?

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Answered on Oct 4, 2017
Joseph Torri's answer
The more significant reason is most likely not being involved and never showing an interest in the children. The children are older now and that has some weight. The court may order therapy, etc, prior to ordering custody. The court may order supervised visits to begin a visitation schedule. These cases require a fact-sensitive analysis. Simply not paying child support is not a strong position to prevent custody.

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