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2 Answers | Asked in Family Law for California on
Q: I have joint custody of my child. The mother of my child won't tell me where her new doctor location is. What can i do?
Joseph Torri
Joseph Torri
answered on Apr 22, 2017

Filing a request for order may be appropriate to find out the information. If you are not on talking parents, asking the court for the parents to sign up is probably a wise idea in order to document the communications. More facts are required to provide a thorough analysis. Consider at least hiring... View More

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3 Answers | Asked in Divorce for California on
Q: i migrated to the US January 2017. How can i file for divorce here in California?
Joseph Torri
Joseph Torri
answered on Apr 22, 2017

Once the residency requirements are established as stated in the previous answer, filing for divorce would be appropriate. If you need more than jurisdictional information, the self-help center at the court can provide more details about actually filing when you're ready. The center can be... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: I live in ca I received child support forms for my income and info etc..I don't know if the baby is mines,continued.

I don't know if the baby is mines he is four months, and I want to make sure he's mines before I fill out any forms or sign anything. I called the child support office gave them the case # and they told me I have to fill out the forms first submit them, then once they calculate a amount... View More

Joseph Torri
Joseph Torri
answered on Apr 20, 2017

There are strict deadlines to meet with the court process and failure to respond could jeopardize your legal rights. Consult with a family lawyer in your area to discuss the details of your case, and whether you need to file a request for order. More facts are required to provide a thorough... View More

2 Answers | Asked in Child Support for California on
Q: If my ex is only paying some of the child support he should be paying is there anything I can do?
Joseph Torri
Joseph Torri
answered on Apr 20, 2017

Consider obtaining assistance from the Department of Child Support Services. Filing an affidavit of contempt is also possible. If he has a job, consider a wage garnishment/assignment so money just gets taken out of his check. More facts are required to provide a thorough analysis.

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2 Answers | Asked in Child Custody for California on
Q: I am 23 years old and I have a 10 year old brother. My parents are getting a divorce and my dad is trying to fight for

custody of my younger brother. He is not doing this because my mom is unfit, he is doing it because he is holding a grudge. I believe they should split custody as it would be best for my little brother. Can my opinion in court help this? I also have an older brother who would say the same thing as... View More

Joseph Torri
Joseph Torri
answered on Apr 20, 2017

The court will probably order a timeshare that gives both parents frequent and continuing contact with both parents since the fact pattern states they are not unfit, etc. You may be called as a witness along with any relevant witness if it gets to that point. More facts are required to provide a... View More

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3 Answers | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for California on
Q: How did I get my estranged parents from stalking/harassing me?

My parents have been abusive towards me all my life, especially physically. I cut ties with them last year. I wrote them an email specifying I was cutting all contact. Zero attempts were made on their part to rectify the relationship other than a few emails that were only of blame.

Now... View More

Joseph Torri
Joseph Torri
answered on Apr 20, 2017

File to obtain a restraining order against them. Document the incidents because a judge needs the facts. If a judge grants a restraining order and they contact you, law enforcement will be in a position to help.

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2 Answers | Asked in Child Support for California on
Q: My hus + his ex had a temp support agreement of him paying her 900/mo,when went back to 50/50 they didn't update papers

Does he owe her any back child support even though they make the same amount and had the kids 50/50? According to the court papers, he was supposed to be paying her 900 a month but they had a "handshake" agreement that it was not owed. Help.

Joseph Torri
Joseph Torri
answered on Apr 20, 2017

Handshake agreements will not cut it when it comes to enforcement especially when the other parent says there was no agreement or that's not what we agreed to. He will probably need to file a request for order to change child support. He will probably owe arrears. If he can, he should try and... View More

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2 Answers | Asked in Family Law for California on
Q: What chance is there that assets would be ruled community property with a prenuptial agreement?

I have been advised by a Fresno real estate attorney not to pursue divorce because a judge might disregard my prenuptial agreement and decide assets are community property? How great is this possibility?

We have a prenuptial that states in our case any property that comes after marriage is... View More

Joseph Torri
Joseph Torri
answered on Apr 15, 2017

California Family Code Sections 1612 & 1615 control prenuptial agreements. Both parties having an attorney during the creation and execution of the premarital agreement is very important. More facts are required to provide a thorough analysis, and you should hire a local family law attorney to... View More

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2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: I filed delfault papers cause my sons dad didn't respond.What's next? Does this mean I get what i am asking for?

Do I have to see a judge? My ex keeps telling me he won't help me finalacually cause the person in live with only pays me 400 a month for rent. He has threatened to keep my son from me a few difernt times. I have it all documented. My ex also has a stay away order and has a violent past. I... View More

Joseph Torri
Joseph Torri
answered on Apr 15, 2017

More facts are required to provide a thorough analysis, especially since there are many different legal issues occurring in one fact pattern. Filing for default does not necessarily mean you get what you want in family law court, but it certainly could help you get a lot of what you want. You may... View More

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2 Answers | Asked in Child Custody for California on
Q: can the father pick up his newborn child from the hospital at birth if the mom doesnt want anything to do with the child

the mom is ok with the father taking the child. And id like to know if this is legal and are there any forms that will be needed to pick the baby up. or can the father just go to hospital and pick up his baby?

Joseph Torri
Joseph Torri
answered on Apr 15, 2017

Upon the release of the baby from the hospital, the father can take the baby from the hospital. If the mother doesn't want to take the child, the mother would have alternative options if the father did not want the baby. The father will establish paternity with the court to solidify the... View More

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2 Answers | Asked in Child Custody for California on
Q: If me and father have split custody can he pick up the kids later then ordered and can he send someone else for them
Joseph Torri
Joseph Torri
answered on Apr 14, 2017

The parents can agree, preferably in writing, to deviate from the court orders. If there is no agreement to deviate, there are many ways to address the situation that go beyond a posting here. Consider a free initial consultation with a local family law attorney for options. It's possible for... View More

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1 Answer | Asked in Family Law and Child Custody for Wyoming on
Q: I live in Utah but my kids live in Wyoming. Do I need a lawyer from Wyoming?
Joseph Torri
Joseph Torri
answered on Apr 6, 2017

More facts are required to provide a through analysis here. However, you should discuss the legal issues with a family lawyer in Wyoming and Utah. It is unclear whether a case has already been filed. If a case has not been filed, Wyoming will probably have jurisdiction, but consult with a local... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: In CA if my income increases will my child support obligation automatically increase as well?
Joseph Torri
Joseph Torri
answered on Apr 6, 2017

There is a good chance child support will increase if your income goes up and the other parent's income stays the same. Also, if custody is not modified and the other parent's income stays the same, there is a good chance child support will go up. There generally are notification... View More

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2 Answers | Asked in Family Law and Child Support for California on
Q: In CA if I relinquish my parental rights do I have to pay child support regardless ?
Joseph Torri
Joseph Torri
answered on Apr 6, 2017

Your definition of relinquishing parental rights might be interpreted differently based on what actually occurs. Many times a parent thinks he or she won't have to pay child support if that parent simply lets the other parent have the child or children. However, that parent would still be... View More

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2 Answers | Asked in Domestic Violence for California on
Q: husband has court today for domestic violence against me.I don't want to press charges. Is it a good idea to not show
Joseph Torri
Joseph Torri
answered on Apr 4, 2017

You should seek a consultation with an attorney and most offer a free initial consultation. If you filed for a restraining order, you can tell the judge you would not want to move forward on the restraining order. However, if you are talking about criminal court, you may be under subpoena to appear... View More

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2 Answers | Asked in Child Custody for California on
Q: My 13 year olds mother (custodial parent)kicked her out and told her to live with me. What should I do to change custo

How to change prev. custody order? My daughter wants to live with me and she doesn't have to go back.

Joseph Torri
Joseph Torri
answered on Apr 4, 2017

Filing a request for order to change custody is what a person needs to file. Discussing the issue with a local family lawyer will be key. If the other parent kicked her out, it sounds like a straight forward request, but definitely seek a consultation with a local attorney.

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2 Answers | Asked in Child Custody and Family Law for California on
Q: how would i go about starting a child custody case against my ex boyfriend for custody of my three month old daughter?

my ex is not giving me my daughter even after we signed and agreed to a set schedule. my problem is that the agreement wasnt through the court. i need to know how to go about starting a court case against him. how would i get the judge to make him seek anger management for his anger issues?

Joseph Torri
Joseph Torri
answered on Apr 2, 2017

Filing a paternity case with the court and a request for order for child custody and visitation is needed. He will need to be served with the documents. The court's self help center can provide some assistance, but many people prefer professional legal help. You should be able to find a local... View More

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2 Answers | Asked in Family Law for California on
Q: If my daughters dad isn't involved in any form other than texting me to tell her that he says hi. Do I have to respond?

My daughter is a year and a half old. Her dad quits jobs to avoid child support so he's never paid me anything. He hasn't seen her in 8 months. He will randomly text me to ask me to tell her hi for him but she's too young to understand. He gets really mad if I don't respond... View More

Joseph Torri
Joseph Torri
answered on Apr 2, 2017

Technically nobody has to do anything when no court orders exist, but that might not be the best approach to take. The law will look to a parent that tries to keep the relationship going in a favorable way. If random text messages are what you have to deal with (and you may want to save them in... View More

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2 Answers | Asked in Child Custody for California on
Q: I wont full physical custody already. My ex lives in Maryland and says he wants joint with my 2 yr old. Is it likely?

I meant to say I won full custody. He is saying he wants my son in maryland 1 yr and then with me one year. He also said he wants more visitation than what was ordered but has already missed his court ordered visitations twice. I dont see that being stable or safe having a 2 yr old fly on a plane... View More

Joseph Torri
Joseph Torri
answered on Apr 2, 2017

Since there are court orders in place with you having sole physical custody, it is unlikely that he would prevail on his request because the court made orders. More facts are required to provide a thorough analysis. I'm assuming he made these requests to the court and got denied, and if he... View More

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2 Answers | Asked in Family Law for California on
Q: how to go about getting visitation rights?

my son is 22 years of age, he just found out he has a new baby boy that was born on Jan 23, 2017. My sons name is not on birth certificate he carries his moms last name. My question is how can he go about getting his visitation rights and also he is on child support and willing to help the baby in... View More

Joseph Torri
Joseph Torri
answered on Mar 25, 2017

Your son will need to file for paternity if not already established, and the paperwork needs to be filed with the court and served on the mom. He will need to file a request for order for child custody and visitation along with other requested orders. There is a self help clinic at the court, but... View More

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