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2 Answers | Asked in Child Custody for California on
Q: I have been awarded sole custody with no visitation, so what rights does the other parent still have?

I want to move out of state, do I have to inform him, and can I even move?

Joseph Torri
Joseph Torri
answered on May 1, 2017

The court order should provide what you need to do if you want to move out of state. There is most likely a notice requirement that needs to be given to the other parent. You may be in a better position to move away now, but more facts are required to provide a thorough analysis.

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4 Answers | Asked in Criminal Law for California on
Q: Can the DA really press charges if I never accused my husband of D.V.?

My nine year old heard a loud noise during an argument and called the police to say my husband had slammed me to the ground. This did not happen, nor was he in the room. I had no marks and was adamant that no physical contact occurred, yet they arrested my husband anyway.

Joseph Torri
Joseph Torri
answered on Apr 30, 2017

The short answer is yes. The statement from the nine year old is critical in this case. The prosecution generally proceeds forward even when victims and alleged victims don't want prosecution. This case sounds defensible and you should speak to a local domestic violence attorney quickly. More... View More

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1 Answer | Asked in Domestic Violence for California on
Q: I haven't been able to to do my volunteer hrs because every place says that they can't help me.will the judge lock me up
Joseph Torri
Joseph Torri
answered on Apr 29, 2017

The issue will be why these places can't help you, especially if they're able to help most people that go there. This does not sound like a good excuse without more information. Therefore, hire a lawyer and prepare for the court date or you may need to add yourself to calendar. More facts... View More

2 Answers | Asked in Domestic Violence for California on
Q: Will the judge lock me up for not complying or doing my volunteer hrs .Ive gone to these places but they can't help me.
Joseph Torri
Joseph Torri
answered on Apr 29, 2017

It's possible the judge will lock you up for not complying or doing your volunteer hours. The question is also going to be why these places can't help you after going to them. It already does not sound like a good reason. Of course more facts are required to provide a thorough analysis.... View More

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2 Answers | Asked in Child Custody and Family Law for California on
Q: My questions deals with custody of my son from my mother.

I have a 7 year old son who was born in North Carolina. While there, my mother won temporary guardianship. The stipulation was that as long as I did not make contact with my son's father, I could get him back. Three years later, my mother moved to California with my son. He continued to live... View More

Joseph Torri
Joseph Torri
answered on Apr 29, 2017

You might be able to take your mom to court in California. An analysis should be done with regard to North Carolina's jurisdiction over the guardianship, if any. The stipulation should also be reviewed closely. However, it certainly appears you may be able to take action to get your son back.... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: I am custodial parent of a 3 year old in cali .i receive c. support but got employed 2months ago. How do i report

I havent had time and dont find any info online do i report my change employment status and income or do they automatically know. If so Will i be in trouble for reporting 2 months later

Joseph Torri
Joseph Torri
answered on Apr 29, 2017

Filing an income and expense declaration and serving it on the parties is an important step. It's possible the amount of child support you receive will be decreased if a request for order to change child support is filed. Either way you probably are required to file an income and expense... View More

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2 Answers | Asked in Divorce for California on
Q: If a divorce is filed 11-8-16 in Riverside California, and the complaint status shows open... when will the divorce over
Joseph Torri
Joseph Torri
answered on Apr 29, 2017

More facts are required to provide a thorough analysis. Seek a consultation with a family lawyer to gain more insight into the process.

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2 Answers | Asked in Family Law for California on
Q: My son is two months born in California the fathers name is on birth certificate but we are not married. He was arrested

For domestic violence and abuse. There's no custody order in place. Can I move to North Carolina with my son he has not cared for him since born

Joseph Torri
Joseph Torri
answered on Apr 28, 2017

The answer to this question requires a thorough consultation since many variables come into play. If there is a case filed with the court, automatic temporary restraining orders would prohibit a parent from moving out of state with the child. However, a parent might take some risks if there is no... View More

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2 Answers | Asked in Family Law for California on
Q: Going to family resolution conference final prelim. Currently have restraining order on him for domestic .

New girlfriend harassing me. He also wants half my retirement and he had a child outside our marraige.

Joseph Torri
Joseph Torri
answered on Apr 27, 2017

You may be able to obtain a restraining order against the new girlfriend if the facts justify granting a restraining order. The retirement should be a community property asset subject to a qualified domestic relations order. More facts are required to provide a thorough analysis. Seek a... View More

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4 Answers | Asked in Criminal Law for California on
Q: Can my ex girlfriend file charges from an incedent that happened 6 months ago?

I was arrested for domestic violence 6 months ago but the charges were dropped. We broke up and now she wants to file charges. Can my ex still press charges from 6 months ago?

Joseph Torri
Joseph Torri
answered on Apr 27, 2017

She can make a request that the charges be brought, but that is unlikely if the charges were dropped. It's also unlikely that she can obtain a restraining order based on the length of time from the incident.

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2 Answers | Asked in Child Custody and Child Support for California on
Q: what to do in child support as my wife income is lowered need to get lowered support amount
Joseph Torri
Joseph Torri
answered on Apr 26, 2017

You should have a consultation with a local family law attorney since a reduction of your wife's income may not necessarily reduce the amount of child support you pay. You may also want to consider the timeshare for custody purposes depending on what stage the case is at. More facts are... View More

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2 Answers | Asked in Child Custody for California on
Q: Can i gain partial custody or some sort of rights to my stepson although me and the mother never married?

He is 5 and i have raised him since he was one... I have two daughters with the mother who i have equal custody and rights of

Joseph Torri
Joseph Torri
answered on Apr 26, 2017

Although these are difficult cases based on the relationship, you may be able to prevail on a request for order with the court. You definitely should seek a consultation with a local family law attorney. If you fail to act in a timely manner, you may not prevail. Get legal help.

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2 Answers | Asked in Child Custody for California on
Q: Could I move out of the country with my children if I have full legal custody with any issues?

I currently live in California. I have full legal and physical custody of my son. The court order states that I must notify the non custodial parents 30 days prior to the move. I have been offered a great opportunity out of the country which would provide a better life for the kids and also a more... View More

Joseph Torri
Joseph Torri
answered on Apr 25, 2017

Complying with the notice requirements of the court order is critical. Since you state that he is controlling and very difficult, you should anticipate a move-away/relocation trial. Consult with a local family lawyer. You may have very good arguments in your favor if the case goes to trial. More... View More

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1 Answer | Asked in Child Custody for California on
Q: Can I request my Joint Conservator paperwork from my lawyer and file myself from another state?

I am in the Army and stationed in CA. I hired a fathers rights attorney in Houston (where my daughter lives) so that I might be able to get joint custody or at least visitation. After 7 months, my lawyer finally let me know roughly two weeks ago that I had a court case this Tuesday 4/25. I let her... View More

Joseph Torri
Joseph Torri
answered on Apr 24, 2017

I think you meant joint custody paperwork and not conservatorship paperwork. In California, a lawyer would be required to give a client the complete file upon the client's request. The lawyer would have a reasonable time to make copies, etc. if needed. Since your lawyer is in Texas, the rules... View More

2 Answers | Asked in Child Custody for California on
Q: Would I have to sue the guardian in order to get my child back? if so, why
Joseph Torri
Joseph Torri
answered on Apr 24, 2017

Filing a case to terminate the guardianship is most likely the appropriate course of action to take. More facts are required to provide a thorough analysis. The court will have to hear from all of the parties and make appropriate decisions. Consult a local guardianship attorney for representation.

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2 Answers | Asked in Divorce for California on
Q: Can we get divorce in California if we married in Mexico?

We live in California since we get married 25 years ago but we sepate for more than 16 years. We have only one daughter who live with me. My daughter and I live with my boyfriend and he ask me to get married.

Joseph Torri
Joseph Torri
answered on Apr 24, 2017

You should be able to file for divorce in California under the current facts mentioned. A full consultation would be necessary, but it certainly sounds like you can get divorced in California. Consider hiring a family lawyer on a limited scope basis if you can't afford a fully retained attorney.

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2 Answers | Asked in Child Support for California on
Q: I live in californie and Im pregnant buy a man who lives Arizona how does child support work
Joseph Torri
Joseph Torri
answered on Apr 22, 2017

The court will primarily consider the amount of time each parent has withbthe child and their respective incomes. Consider seeking assistance from the Department of Child Support Services.

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2 Answers | Asked in Child Support for California on
Q: I been paying child support from 2005 and still paying ....but my question is my dauther hasn't live with your mother

My dauther hasn't live with her mother in 2 years what sould I do cause my dauther has been living with friend and family so I still pay which is ok but can I go about my getting the child support

Joseph Torri
Joseph Torri
answered on Apr 22, 2017

You may need to file a request for order to change child support since the child is not living with the other parent, but more facts are required to provide a thorough analysis. If you are ok with continuing to pay as stated in the posting, you do not need to do anything since you can continue... View More

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2 Answers | Asked in Child Custody and Family Law for California on
Q: We agreed to work out custodial rights amongst ourselfs,with out involving the courts however , without any written agre

What rights do I have when she took my son and left the state without my knowledge

Joseph Torri
Joseph Torri
answered on Apr 22, 2017

You will need court intervention at this point. If you were not married, you will most likely need to file a paternity case and a request for order for child custody and visitation. More facts are required to provide a thorough analysis. Seek a consultation with a family lawyer in your area prior... View More

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2 Answers | Asked in Family Law and Child Custody for California on
Q: My daughter is 11 , I've had full sole custody of whole since birth. Her dad is now asking for full custody. What is the

Judge going to say ? He has been in and out of her life since birth and never paid child support.Can she speak in court ?

Joseph Torri
Joseph Torri
answered on Apr 22, 2017

The judge may order reunification therapy. There is a process, but the judge could ultimately order a step-up parenting plan. There are several options for allowing a child to communicate to the court, and the court may entertain in some fashion. More facts are required to provide a thorough... View More

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