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2 Answers | Asked in Domestic Violence for California on
Q: Hello, what actions are taken if a woman calls 911 for domestic violence?
Joseph Torri
Joseph Torri
answered on Feb 21, 2017

The police will be dispatched to the location of the woman caller. Officers will investigate and question her and any other potential witnesses. If the alleged perpetrator is present, he will probably be arrested. If he's not present, the prosecution will most likely file charges if there is... View More

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2 Answers | Asked in Family Law and Child Custody for California on
Q: Mother of my two youngest kids wants to move to her mom's in southern California is there a way to keep my kids near or

With me?

Joseph Torri
Joseph Torri
answered on Feb 21, 2017

If you don't have a case filed with the court, filing with the court is key. Filing a request for order for child custody and visitation or an opposition to the relocation is critical. The court will do a thorough analysis and ultimately make a decision whether mom can move with the children.... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: Hello, I'm divorcing my husband after 16 years of marriage. his attorney wants my financials, do I have to comply?

I don't have an attorney because I cannot afford one. I don't feel right about giving them to her as she has his best interest at heart not mine. I would like to go to court and let the judge decide. Will I get into trouble if I don't comply? He makes 80 thousand a year and I make... View More

Joseph Torri
Joseph Torri
answered on Feb 20, 2017

His attorney most likely served discovery upon you. Although some objections may be appropriate in certain circumstances to some questions, a general refusal to provide information could result in sanctions and attorneys' fees. Discovery can be an expensive part of a case. You have a right to... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: What benefit do I have in my husband abandoned home committed adultery and is financially abusing me

He still paying the mortgage but I'm scared I'm not working I have a 16 year old son and I don't want to lose my house I can't work right now do the health issues any abandoned the house to be with his best friend's wife

Joseph Torri
Joseph Torri
answered on Feb 19, 2017

Adultery is irrelevant in divorce proceedings. Financial abuse would need to be explored, and more facts are required to provide a thorough analysis for this posting. Your husband continuing to pay the mortgage after his abandonment of the house is obviously a positive fact, but it does not sound... View More

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1 Answer | Asked in Child Custody and Child Support for California on
Q: Can the father of my child stop paying child support if he doesn't get to see his child?

He lives in Michigan.

Joseph Torri
Joseph Torri
answered on Feb 18, 2017

The father should not violate court orders. If he stops paying child support, legal interest will begin to accrue. If he believes that he is paying too much, etc., he should file for a request for order to change the amount, but that amount may not be changed if the circumstances around the order... View More

1 Answer | Asked in Child Support for California on
Q: Child supp lowered if kids are teenaged(16y/13y) and don't require child care? & I have 2 kids with new partner (5y/3y)

I pay 1,000 a month to ex (per court order) since 2010. (Originally 700.00 a month but I opted to pay more because ex had a part time gig and I had no extra kids) now I've got 2 little ones with new partner that need attention and will need child care if my schedule changes with job. I cannot... View More

Joseph Torri
Joseph Torri
answered on Feb 18, 2017

Although paying more than guideline child support could pose some issues for modification, you may be able to change the child support amount. One strong fact is that your 16 year old has expressed an interest in spending a lot more time with you. You may need to file a request for order seeking a... View More

1 Answer | Asked in Domestic Violence for California on
Q: I have a court appearance next week for a domestic violence case. Is there a chance I could be sent to jail?
Joseph Torri
Joseph Torri
answered on Feb 18, 2017

If the domestic violence case is in the family law courthouse for a restraining order, the family court court would not lock people up on those types of cases unless it's for some violation. You're probably talking about the criminal domestic violence court and there's a possibility... View More

1 Answer | Asked in Child Custody and Child Support for California on
Q: Can I put my daughter mother on child support even if she doesn't work? I have full custody
Joseph Torri
Joseph Torri
answered on Feb 16, 2017

There is a possibility that the mother would have to pay child support. Although she is not working, the court could impute income to her. However, this is a difficult step and would most likely require she undergoes a vocational rehab exam that you may have to pay for. There are factors the court... View More

2 Answers | Asked in Family Law and Child Custody for California on
Q: My daughter's mother refuses to agree to a schedule of when I can see my daughter. What are my rights?

I reside in California and my daughter's mother moved with her to Texas 5+ yrs ago w/o my knowledge or consent. She does not have legal papers stating she has full/sole custody. I've been trying to get her to agree on a schedule of when my daughter can come and visit. I've suggested... View More

Joseph Torri
Joseph Torri
answered on Feb 16, 2017

Since the child has been living in Texas for five years, and there apparently is no court case in California, jurisdiction will most likely be in Texas. You will need to consult with a Texas family lawyer about filing in Texas for custody and visitation. California court's have a self-help... View More

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1 Answer | Asked in Divorce for California on
Q: Will my divorce still go thru if my wife is the petitioner n is refusing to sign the final documents bc she wants more $

I reside in CA. I am the respondent to dissolution, but now my wife is refusing to sign the final documents that have been prepared due to her wanting extra money from me. I have proof of her stating she will not sign unless she gets more money. Child support has already established and ordered... View More

Joseph Torri
Joseph Torri
answered on Feb 14, 2017

If she does not sign the paperwork, you will need to take extra steps to finalize the divorce. It is quick and straightforward if she signs, but people have an option when the other person refuses to sign. You will need to push the case through the system with some extra steps. Consult with a... View More

1 Answer | Asked in Domestic Violence for California on
Q: If I had a domestic violence case put on me and I get out of jail I go home the accusers their what happens.
Joseph Torri
Joseph Torri
answered on Feb 13, 2017

You would probably be arrested if the police are called and there is a restraining order. More facts are required to provide a thorough analysis.

2 Answers | Asked in Child Custody and Family Law for California on
Q: me and my child mother have joint custody and a court order that she wants to see the kids every other weekend

but she doesn't come and pick them up or call sometime it can be 3 months at a time when she see them can i file for full custody and take her rights away since she doesn't care to see them or call

Joseph Torri
Joseph Torri
answered on Feb 12, 2017

Based on the mother's lack following the court's order, filing for a change in custody may be necessary. More facts are required to provide a thorough analysis. Most family lawyers offer a free initial consultation. It is unlikely that you will prevail on taking her rights away.

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3 Answers | Asked in Child Custody for California on
Q: What can I do if the other parent files an ex parties for child custody in a different county if we already have a case

We already have a case open in one county and she has been denied a change of venue but she files a ex partie hearing in a different county for custody can she do that ? And do I have to go to that ex partie hearing ?

Joseph Torri
Joseph Torri
answered on Feb 12, 2017

Filing in another county is inappropriate when a judge in your county denied her request. She could have filed a motion for reconsideration or an appeal if she believed the judge made an error. Without more facts, I do not see a way for her to prevail in the other county. People can file

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1 Answer | Asked in Family Law and Child Custody for California on
Q: What legal action can I take against my child's step parent being verbally abusive?
Joseph Torri
Joseph Torri
answered on Feb 4, 2017

More facts are required to provide a thorough analysis. You may need to file a request for order to change custody and or obtain orders for the verbal abuse to stop. Getting into details about what the verbal abuse is at a consultation with a local family lawyer will be key prior to filing anything... View More

1 Answer | Asked in Child Custody and Divorce for California on
Q: joint custody.when I remarry do i get my allotted time at my house(alotted to me by name)if i am gone and new wife home

49.9 and 50.01 agreement. i am asking if I happen to have to travel on business, can my daughter stay at my house with my new wife? Or can my ex say that she gets my child whenever I am gone?

Joseph Torri
Joseph Torri
answered on Feb 1, 2017

The judgment should provide guidance in answering this question. The court wants the parent spending time with the child. There might be a right of first refusal in your judgment. The mother might be able to have the right to spend time with the child while you're out of town. The age of the... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: How do I respond to a request of child custody when my ex wrote some that are not exactly true?
Joseph Torri
Joseph Torri
answered on Feb 1, 2017

You should have received a blank response form. If not, you can obtain one. Responding to the request is important. Writing a strong declaration opposing the request is important. If you have evidence, consider attaching exhibits to show the court. There are many ways to approach this. Most family... View More

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1 Answer | Asked in Child Custody for Georgia on
Q: Is there any sibling visiting in Georgia

Siblings lived together until the mother left on drugs after 7 1/2 years different father

Joseph Torri
Joseph Torri
answered on Jan 31, 2017

More facts are required to provide a thorough analysis. If there is a case in Georgia, consult with a family lawyer there. However, generally the court will try to keep siblings together. Each case is unique. If one parent is on drugs, the other parent may need to file a request for order with the... View More

1 Answer | Asked in Child Custody for Tennessee on
Q: I'm divorced. my ex husband has sole custody. My daughters 14 & 16 want to live with me. What steps do I need to take?

My ex lives in Tennessee (that is where the divorce took place). I now live in California. I used to struggle with depression and my ex took advantage of this by filing divorce papers when I was in a weakened state and debilitated by my depression and won sole custody. I am better now and my... View More

Joseph Torri
Joseph Torri
answered on Jan 30, 2017

Seek a consultation with a a family lawyer in Tennessee regarding a change in custody. It sounds like Tennessee has jurisdiction. Due their ages, you may have a good opportunity on prevailing with your request.

1 Answer | Asked in Child Custody for California on
Q: I live in a different county from the court jurisdiction of my child. Can I be denied custody?

I live in Vallejo Ca. and my child is in Los Angeles Ca. would this preclude me from being granted custody?

Joseph Torri
Joseph Torri
answered on Jan 29, 2017

You will not be denied custody simply for living in another jurisdiction. In fact, many people are in your shoes. The courts decide move-away cases all of the time, and must abide by the law which is to provide frequent and continuing contact with both parents pursuant to California Family Code... View More

2 Answers | Asked in Family Law and Child Custody for California on
Q: what papers do I file now after filing for joint custody, it's past 30 days and no response from respondent?

I have a 3 yr old son and never married to his mother. I filed establish parental relationship and asking for joint custody. We are due to go to mediation next week, but she has not responded.

Joseph Torri
Joseph Torri
answered on Jan 29, 2017

Although she has not responded to the paperwork, she may show up to mediation. I'm assuming she does not have an attorney, and she may not know how to respond. She may not go to the court's self-help office either. If mediation is scheduled for next week, see if she shows up so you can... View More

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