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Questions Answered by Joseph Torri
2 Answers | Asked in Child Custody and Family Law for California on
Q: my kids mom is trying to take my kids to Texas we both share custody of my two kids can she??

she just served me with some paper work and we're going to mediation on the 28 I don't want her to take off with my kids what can I do?

Joseph Torri
Joseph Torri answered on Dec 2, 2017

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... Read more »

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1 Answer | Asked in Family Law and Child Custody for California on
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

best interests of our children. Am I required to pick up my children there or could a meeting place be arranged? The court order states the receiving parent picks up the children on holidays... Can this custody issue be revisited in court?? Thank you.

Joseph Torri
Joseph Torri answered on Nov 21, 2017

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... Read more »

2 Answers | Asked in Family Law and Child Custody for California on
Q: My son's father and i have a verbal agreement when it comes to custody but recently he has no where to live.

Would this affect his custody rights if I was to submit an order to the court?

Joseph Torri
Joseph Torri answered on Nov 20, 2017

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... Read more »

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1 Answer | Asked in Divorce for California on
Q: Does the person remainingi the house have to buy the other out?

My wife and I own a home with equity. If we divorce does she have to split the equity with me?

Joseph Torri
Joseph Torri answered on Nov 19, 2017

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... Read more »

1 Answer | Asked in Family Law for California on
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

Drive out to her still now that she decided to move further away? Or does she need to meet me closer to where she used to live?

Joseph Torri
Joseph Torri answered on Nov 14, 2017

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.... Read more »

1 Answer | Asked in Child Custody for California on
Q: How can I find out if I still have custody of my son without having to pay money
Joseph Torri
Joseph Torri answered on Nov 12, 2017

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.

2 Answers | Asked in Divorce for California on
Q: How much does a divorce cost if both parties agree to divorce.

Both parties want a divorce there are no children involved assets have already been agreed upon and divided. Is it possible to go file for divorce without a lawyer. Both parties agree to not wanting a lawyer. How much would this cost?

Joseph Torri
Joseph Torri answered on Nov 12, 2017

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.

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1 Answer | Asked in Child Support for California on
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
Joseph Torri
Joseph Torri answered on Nov 4, 2017

There’s a possibility that the court will modify child support, and it’s possible you will be paying her.

2 Answers | Asked in Divorce for California on
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
Joseph Torri
Joseph Torri answered on Nov 4, 2017

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.

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1 Answer | Asked in Family Law for California on
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

Court but she hired an attorney. What can the attorney have or say against me? I have not talked to her for 3 years so what can they have against me. I have proof of her and her boyfriend telling me and my girlfriend stuff wanting to fight my girlfriend because I have asked to see my son

Joseph Torri
Joseph Torri answered on Oct 9, 2017

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... Read more »

1 Answer | Asked in Family Law and Child Custody for California on
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?
Joseph Torri
Joseph Torri answered on Oct 8, 2017

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.... Read more »

1 Answer | Asked in Family Law for California on
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.

Am I entitled to anything. Or does he get to sell and walk away while I become homeless?

Joseph Torri
Joseph Torri answered on Oct 7, 2017

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.... Read more »

1 Answer | Asked in Child Custody for California on
Q: In CA does a non custodial parent have to notify custodial parent if they are getting married?

My ex and I share a child. I have physical custody. He is getting married and hasn't told me. He moved someone into his home where our child goes to visit him and did not tell me.

Joseph Torri
Joseph Torri answered on Oct 7, 2017

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.

1 Answer | Asked in Family Law and Child Support for California on
Q: can the courts force a mother for a DNA for children she has sole custody kids are 6yrs. & 8yrs. old in California
Joseph Torri
Joseph Torri answered on Oct 7, 2017

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.... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
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
Joseph Torri
Joseph Torri answered on Oct 6, 2017

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... Read more »

1 Answer | Asked in Child Support for California on
Q: My partner , we are not married yet, pays 250. A month to the mother of his child who is 6 yrs old.

His income:1,600 monthly

We have a baby on the way if she took him to court will they order more than 250 or decrease since we have a baby on the way. I dont work yet.

Joseph Torri
Joseph Torri answered on Oct 6, 2017

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... Read more »

1 Answer | Asked in Child Custody for California on
Q: How can I get the full custody of my children?Their father has been out of the picture for 10 years?

10 years I left the father of my children because of domestic violence. I went to live in a shelter with my children, and I never saw their father again. Now I am planning to apply for a passport for my children, but it seems that I need their father permission. Do I need to apply for their... Read more »

Joseph Torri
Joseph Torri answered on Oct 6, 2017

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.

1 Answer | Asked in Divorce for California on
Q: Should I secure a job before divorce or after?
Joseph Torri
Joseph Torri answered on Oct 6, 2017

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... Read more »

1 Answer | Asked in Child Support for California on
Q: I am fighting for more child support. The father has his girlfriend pregnant. Will it affect my child support battle?
Joseph Torri
Joseph Torri answered on Oct 6, 2017

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.

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: How likely is it for a father to get custody of his children if he has not paid court ordered child support?

The children are 8 and 12 and the father has never been a big part of their life. Has never showed an interest in having custody of the children. Has only paid for court ordered child support 5 months in 8 years.

Joseph Torri
Joseph Torri answered on Oct 4, 2017

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... Read more »

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