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2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: How can I get my husband to take legally responsibility over our children?

My husband and I are married but not divorced. He doesn't pay child support, rarely visits our children, and overall is a deadbeat father. He doesn't buy them anything, and only helps me pay rent. What can I do and how can I take him to court? He works as a taxi cab driver and has told me... View More

Joseph Torri
Joseph Torri
answered on Mar 23, 2017

You may not be able to force him to have a portion of custodial time. However, if you take him to child support court, he will probably assert time with the children to lower his child support obligations. You can take him to court by filing the paperwork with the court and serving him.... View More

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3 Answers | Asked in Family Law for California on
Q: If I have no visitation time does my ex income still get computed at a child support modification hearing?

My daughter and her mother do want my daughter to visit me. Daughter is 17 yrs old.

Joseph Torri
Joseph Torri
answered on Mar 21, 2017

The other parent's income will be included. Your ex income is a bit confusing, but it sounds like you are concerned about your former income. That income may be used depending on a number of factors. Most family lawyers offer a free initial consultation that you should take advantage of.

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2 Answers | Asked in Child Custody for California on
Q: If neither parent has court order custody can the father take his child out of state to where he is living and file ?
Joseph Torri
Joseph Torri
answered on Mar 21, 2017

Although there are no court orders, if the other parent files a case in California, California will probably have jurisdiction to hear the case since there are generally residency requirements. Jurisdiction may generally be established in another state after six months, but some states I believe... View More

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2 Answers | Asked in Domestic Violence for California on
Q: Can you still live with your spouse after a dv
Joseph Torri
Joseph Torri
answered on Mar 21, 2017

If there is a restraining order in place that prohibits contact, the victim of domestic violence would have to seek a modification of the order to allow for contact. Determine what the court orders are or if there are no court orders, see if there can be an exception on the order to allow for... View More

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2 Answers | Asked in Divorce for California on
Q: Ive been separated from my wife for 35 years. We have never contested anything. What is the best way to divorce
Joseph Torri
Joseph Torri
answered on Mar 17, 2017

It sounds like there's a mutual agreement. Filing a case with the court and submitting the paperwork would need to be completed. More facts are required to provide a thorough analysis. Determining what court has jurisdiction will be necessary based on where the parties live, etc., but... View More

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2 Answers | Asked in Child Custody and Family Law for California on
Q: My daughters dad haa custody of our 2 year old we are looking into moving in together does this benefit me or not
Joseph Torri
Joseph Torri
answered on Mar 17, 2017

Without having more facts, it's difficult to analyze the situation. However, both parents living together could possibly be great for the child if the the parents get along, etc. If you don't have a lot of time with your daughter, it could benefit you by having more time with her.

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2 Answers | Asked in Child Custody and Family Law for California on
Q: Can a child visit a parent that lives out of state before child custody order is finalized
Joseph Torri
Joseph Torri
answered on Mar 12, 2017

If there is an agreement between the parents that the child may visit the out of state parent, the child could visit. If the parents disagree, a court may have to make orders. More facts are required to provide a thorough analysis.

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2 Answers | Asked in Child Custody for California on
Q: Can I get sole custody if father abandoned us when he found out I was pregnant?

The father of my baby went MIA. I have no idea where he is at. He wants nothing to do with the baby and I. Can I file for sole custody if he abandoned us as soon as he found out I was pregnant? Can I file for sole custody if I don't know where he lives or don't have much info on... View More

Joseph Torri
Joseph Torri
answered on Mar 12, 2017

If the father is missing in action, the likelihood of obtaining sole legal and physical custody is strong. There will be a process in order to serve him with a case and you may ultimately need to publish for service of process. The father can decide whether he wants to participate in the... View More

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3 Answers | Asked in Divorce for California on
Q: I'm remarrying in 3 weeks & realized I may need proof my divorce was finalized. What is enough and obtainable timewise?

I remember getting a final judgment in the mail confirming the dissolution of my 1st marriage, but cannot find that now. I have paperwork and receipts showing I filed all the proper paperwork, just not this final judgment. I believe the final judgment was February 22, 2015.

Joseph Torri
Joseph Torri
answered on Mar 12, 2017

Visit the clerk's office to obtain a copy of the judgment if in fact there is one. Inspect it with your own eyes and obtain a copy for your records so you can have it without worrying about traveling to the court to obtain a copy. Going in person in Los Angeles is the most direct and... View More

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2 Answers | Asked in Child Custody for California on
Q: I am the legal custodial parent and the non custodial parent refuse to bring son back to me and he is missing school

What can i do about this?

Joseph Torri
Joseph Torri
answered on Mar 7, 2017

You may need to call law enforcement seeking their assistance in getting the other parent to cooperate with court orders. Also, you may need to file to get back into court, but definitely consult with a local family law attorney before taking any action. More facts are required to provide a... View More

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1 Answer | Asked in Child Custody for California on
Q: signed a paper saying she gives all legal resposiblity over to the grandparents and has abandoned her son.

the child and daughter have been living with grandparents since they were born. has never left there side. daughter has been in and out of household. she hasnt been home in three weeks. she sent text saying she was doing drugs. what needs to be done to get guardian ship for child.

Joseph Torri
Joseph Torri
answered on Mar 4, 2017

The link that I attached should provide a lot of information from the court. Also, consider consulting with a local lawyer for a thorough evaluation. http://www.courts.ca.gov/1212.htm

1 Answer | Asked in Child Custody and Family Law for California on
Q: Can a parent legally take their children out of their residing state if there isn't a custody order in place?

The children are currently in Texas with their father, but children want their mother to bring them back to California to live with her and file for custody in California. The children have been in Texas for 1 year and 9 months.

Joseph Torri
Joseph Torri
answered on Mar 3, 2017

Although there are no court orders according to the posting, Texas may have jurisdiction based on the amount of time the child has been there. If you bring the children to California, you may still have to deal with a Texas court. Also, consider posting this question in Texas for Texas lawyers.... View More

1 Answer | Asked in Family Law for California on
Q: I had a son and the mom but another man last name and on the birth certificate can I change it to mine
Joseph Torri
Joseph Torri
answered on Mar 1, 2017

More facts are required to provide a thorough analysis. You may be able to file with the court requesting relief, but you should consult with a local family lawyer to discuss your options in greater detail. Also, consult with a lawyer quickly because there may be time deadlines prohibiting you from... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: We share 50/50 custody of out 13 year old would i still need to pay child support she just married.

I also have another child in a different relationship

Joseph Torri
Joseph Torri
answered on Mar 1, 2017

Although people have 50/50 custody orders, that doesn't necessarily mean one parent won't have to pay support. The amount one pays may not be as much due to the timeshare. More facts are required to provide a thorough analysis. You may be able to receive credits that would lower your... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: My daughter mom will not let me see her. I have 18% custody. What I can do to have my visitation days

The mother of my child will not let me see my daughter. I have not seen her in almost 3 months. I don't know how she is. I have tried calling practically everyday and I have tried going to her house to talk but I get no where. I have a message from her specifically saying I have 18% custody... View More

Joseph Torri
Joseph Torri
answered on Mar 1, 2017

Although you state there is 18% custody, it is unclear whether court orders exist. If orders exist, you may need to file a request for order. Also, if orders exist, seek assistance from law enforcement to help enforce the orders. If you don't have court orders, you may need to file a request... View More

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1 Answer | Asked in Family Law and Child Custody for California on
Q: Can I pick up my son from the sitter's house cause mom is with boyfriend son is not to have contact with the boyfriend

My son is supposed to be visiting with the mother for the weekend but she takes off with the boyfriend my son is with a babysitter because my son is not to have contact with the boyfriend because of domestic violence and child abuse can I go to the babysitters and pick up my son

Joseph Torri
Joseph Torri
answered on Feb 26, 2017

Review the court orders carefully since the orders should provide guidance on this issue. If you have the right of first refusal, you should have been notified and provided the opportunity to pick him up. If the court orders are unclear, you may need to file a request for order to get back into... View More

1 Answer | Asked in Child Custody and Child Support for California on
Q: Mother of child filed some kind of child support , only 11$ , child is 6months old , she did not include me at

Blocked me out in every way shape or form , wasn't their to see my daughter born , found out on facebook , I've tried over and over to be their throughout pregnancy. And after birth , daughter doesn't have my last name , ( and I do believe it's my daughter ) I recieved child... View More

Joseph Torri
Joseph Torri
answered on Feb 26, 2017

If you were not married to the mother, you may need to file a paternity action with the court along with filing a request for order for child custody and visitation. Jurisdiction may still be in California if she just moved, but more information is needed for the jurisdiction issue. You may still... View More

2 Answers | Asked in Family Law for California on
Q: Can a non custodial parent just take a child without permission from the full time custodial mom and stepdad?
Joseph Torri
Joseph Torri
answered on Feb 25, 2017

If there are court orders in place, the noncustodial parent is most likely in violation of court orders. If a noncustodial parent has an emergency for whatever reason, there may be ex parte relief, but there are no facts posted here. More facts are required to provide a thorough analysis. Read the... View More

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2 Answers | Asked in Divorce for California on
Q: Married 93 split 01. No support ever paid. I want a divorce and support im i eligible? I want half of everything
Joseph Torri
Joseph Torri
answered on Feb 25, 2017

Consult with a local family law attorney in your area to determine whether you are eligible for the relief you are thinking about. More facts are required to provide a thorough analysis. You may be able to divide the community property. More facts are required to analyze the support issue, but that... View More

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2 Answers | Asked in Family Law for California on
Q: Hi I have a family law question.

My question is regarding custody. In court I was given 72 hours a week with my daughter. I agreed to do drug tests for one year whenever the other party requested. That time frame of 1 year has passed now by 2 years. I have been sober from any and all illegal drugs since February 11, 2013. Now... View More

Joseph Torri
Joseph Torri
answered on Feb 22, 2017

The court order will control whether he can take away time. Read it carefully. However, since that one year time period has elapsed, it sounds doubtful that he can threaten to pull that 72 hours per week, but carefully reviewing the order is critical. Changing custody orders is a difficult task... View More

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