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Questions Answered by Joseph Torri
1 Answer | Asked in Child Custody for California on
Q: How do I get my 2 week old daughter back from grandma who does not have custody?

He's not on the birth certificate. His family kicked me out while we were staying for a few days for his family to get to know the baby and wont give me my baby. He doesnt want the baby. His mother does and hes abusive i dont want my daughter there. Help!! And i dont know how california laws work.... Read more »

Joseph Torri
Joseph Torri answered on Oct 4, 2017

You may be able to file a paternity case, if you were not married to him, in the state you lived in if jurisdiction can be established there. However, California may have jurisdiction, but it sounds like you were in California for only a few days. You may need to file a request for order for child... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: In a case of child custody, how would one find pro bono legal help?

I am a 20 year old man who had a child with my girlfriend. We broke up before the child was born, but now she's a couple months old. My Ex is fighting for full custody where I am seeking partial custody. Her family is paying for her lawyer, but I am young, and cannot afford a lawyer on my own. How... Read more »

Joseph Torri
Joseph Torri answered on Oct 2, 2017

You may ask legal aid if they will help. The Bar Association may have affordable lawyers they can refer. Many family lawyers offer limited scope representation that you should consider and especially having a lawyer with you in court. Definitely consult with a family lawyer especially since many... Read more »

1 Answer | Asked in Child Custody and Child Support for California on
Q: Court ordered child support can it be reopen if I moved out of california
Joseph Torri
Joseph Torri answered on Oct 2, 2017

The general answer is that a case can be opened again even if a parent moves out of state. More facts are required to provide a thorough analysis. The same support amount may not be issued due to new facts, but consulting with a local family lawyer will be critical. You may need to visit the... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Child support

While my husband was going through his divorce 2 years ago his ex first filed child support only after taken the kid's from him for a year not allowing him to see or talk to them or know where they were living. In child support court he was ordered to pay 2,400$. Then while going through the... Read more »

Joseph Torri
Joseph Torri answered on Oct 2, 2017

It sounds like he allowed her to move with the children, and it is highly unlikely that kidnapping could be established. If he acquiesced in enforcing his custody rights, his position is weak. It certainly sounds like she tricked him, and it sounds like he will be paying more in child support even... Read more »

1 Answer | Asked in Child Custody and Child Support for California on
Q: Can my child support payment go up when my ex has a child with a new spouse because she no longer works?

My ex has a new kid with her new spouse. She no longer works full time hours and claims she has to stay home to care for their kid, thus wants more child support from me. Should she be granted an increase in child support from me because she is not working to take care of her new kid?

Joseph Torri
Joseph Torri answered on Oct 2, 2017

In the area of child support, it's possible that child support could increase, but the circumstances of each case are unique. Quitting a job could mean that the court would impute income to the other parent, but that is not automatically done. Objecting to the request and being prepared for court... Read more »

1 Answer | Asked in Child Custody for California on
Q: I have a open child custody case.and the mother disappeared with the child,what do I do next?
Joseph Torri
Joseph Torri answered on Oct 2, 2017

You may need to explore filing for assistance from the district attorney's office. More facts are required to provide a thorough analysis. Although the case is open, nothing is mentioned about what type of orders are in effect, if any, other than the automatic temporary restraining orders. You may... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: What are my right if I am considered non custodial parent but father has left me with responsibilitie of our child?

My sons father has left state and told me he'd be gone 2 weeks at the most. Well we are going on a month. My son and his father live in a different city then I do by 20miles. It's becoming a finical hardship to travel back and fourth everyday. I asked my son's father who has sole custody to send... Read more »

Joseph Torri
Joseph Torri answered on Sep 23, 2017

There may be a change of circumstances that allows you to file to modify child custody and visitation and child support. The details need to be explored prior to filing with a local family law attorney. More facts are required to provide a thorough analysis. However, you may be able to file to... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for California on
Q: Can a 13 year old request which parent to live with?
Joseph Torri
Joseph Torri answered on Sep 22, 2017

Children can express an interest in which parent they want to live with. Judges make the final decision. These situations with teenagers require a comprehensive analysis. In general, the older children get, they start obtaining more of a preference with the parent they want to be with if they don't... Read more »

1 Answer | Asked in Child Support and Immigration Law for California on
Q: If the father is not in the state does he still have to pay child support?

What i meant by not in state is that hes been deported to Mexico.

Joseph Torri
Joseph Torri answered on Sep 22, 2017

Parents are still responsible for child support. Collecting child support could be difficult. You may need to contact the Department of Child Support Services for assistance.

1 Answer | Asked in Divorce and Child Custody for California on
Q: My wife is divorcing me. There is a hearing next month. It says it's uncontested, I didn't contest, should I still go?

So my wife originally filed for divorce back in April this year. I was given the divorce papers to contest and sign, but I didn't as we ended up getting back together. So she then requested to put the divorce on hold. Now we've split up and she's filed for divorce again 09/15/17, and it was granted... Read more »

Joseph Torri
Joseph Torri answered on Sep 22, 2017

If you decide to contest the divorce, you should determine whether you can file a motion to set aside the default, etc. Litigants generally need to file paperwork in order to be heard in the court, especially when the other party is moving for a default. Also, you may need the assistance of law... Read more »

1 Answer | Asked in Child Support for California on
Q: My children are in their 30s. Why am I still paying child support? The total amount seems to be getting higher also.
Joseph Torri
Joseph Torri answered on Sep 22, 2017

It is likely that you are paying on the arrears when the orders were made. Interest at ten percent adds up very quickly. You should contact a local family law attorney to see if there is any relief that you have. More facts are required to provide a thorough analysis.

1 Answer | Asked in Domestic Violence for California on
Q: Domestic violence

Hi my friend got charge with domestic violence last year and restraining order thia year he got charge again same person but physically hurt her broken nose and upper cheek we were wondering whats gonna happen to him and how many years he will do? And is he gonna be able to see his kids?

Joseph Torri
Joseph Torri answered on Sep 22, 2017

It sounds like there was a restraining order in effect when this incident occurred. He could go to prison for multiple years, but more facts are required to provide a thorough analysis. The court will need to look at his prior record, too. These injuries sound serious and it's likely he could... Read more »

1 Answer | Asked in Child Custody for California on
Q: Court gave 20% custody of 8month old to my boyfriend, but he plans to go back in 3 months to ask for more.will he get it

and if they give him more, will they also adjust support?

Joseph Torri
Joseph Torri answered on Sep 22, 2017

Going back to court in 3 months to obtain more time with the baby seems like it is too soon, but anything is possible under the best interest of the child analysis standard. If he obtains more time, it is likely that support will be modified. He may try to go back in 3 months since he probably... Read more »

2 Answers | Asked in Divorce for California on
Q: What's the cost for divorce for only two people? No children.

He's in the military and overseas. I'm over here in California and I'm a military Spouse.

Joseph Torri
Joseph Torri answered on Sep 22, 2017

Lawyers will need to know more facts about the case before quoting fees. For example, simple and agreed upon divorces will cost a lot less than a contested divorce with hearings and trials. Determining community property interests and the amount of work is necessary to assess the situation better.... Read more »

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1 Answer | Asked in Child Support for California on
Q: My ex says child support people have contacted him about doing a dna test. But i have never returned the applicatio.

All i told the government was that im not sure if he was the father. My worker told me to just write his name down and thats all.

Joseph Torri
Joseph Torri answered on Sep 22, 2017

Following the instructions from child support is important. The DNA testing will need to be done to determine whether he's the biological father.

2 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: My husband's ex-wife moved to Texas mid June, taking their 14yo daughter with her. Would Texas have jurisdiction?

She has full physical and legal custody. She is now trying to get $1800/mo in child support which is what he was paying for both girls till the oldest turned 18. Since she has not resided in Texas for 6 months, would Texas have any jurisdiction or would she have to wait ?

Joseph Torri
Joseph Torri answered on Sep 22, 2017

It's unlikely that Texas has jurisdiction. Looking into the circumstances of the move with the 14 year old is important. However, it's not a good fact that the 14 year old is in Texas, especially if your husband didn't try to prevent the move sooner with the court. More facts are required to... Read more »

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1 Answer | Asked in Divorce for California on
Q: can i transfer my case file to a new attorney to settle my current divorce case? if so, is it very expensive? thanks.

not sour grapes at all but i feel my attorney is not serving my best interest and they now want 2 to 3k to deal with a potential settlement offer, and i feel this is quite expensive and not sure it's typical? and i'd much rather find a more responsible attorney to finish my case. thank you!

Joseph Torri
Joseph Torri answered on Sep 18, 2017

Clients may fire attorneys. Clients can have their files transferred (or given back to the client) to a newly hired attorney. The cost depends on how many legal issues the new attorney would have to tackle. If the case is close to settlement, it shouldn't cost a lot, but an attorney may ask for a... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: My ex & I had an equal verbal schedule to keep my child. She had filed for full custody and is keeping my child from me.

My daughter is 3 and I have been taking care of her all of her life. When my ex and I broke up, she only had scattered visits with our daughter for a year and a half. She has now gottten back on her feet so we constructed a 50/50 schedule to have my daughter that was only verbal and not set by... Read more »

Joseph Torri
Joseph Torri answered on Sep 13, 2017

If there are no court orders, law enforcement won't be helpful since they can assist with enforcing court orders. If you had a 50/50 agreement, the judge will not be happy with her conduct of keeping the child from you. More facts are required to provide a thorough analysis.

1 Answer | Asked in Family Law and Child Custody for California on
Q: Is a handwritten note legally binding for custody for turning over my child to non-custodial parent?
Joseph Torri
Joseph Torri answered on Sep 13, 2017

Usually people file stipulations with the court. Handwritten notes probably are not binding, and they may only be persuasive. Attorneys need to know the purpose of the note and what the issue is. We can assume it's about child custody, but there could be various legal issues in the area of custody.... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for California on
Q: I have custody of my son since her mom moved and now she suddenly took the child without me knowing. No court orders

Now recieve some kind of notice of her filing for dissulotion of marraige with a minor, but havent been serve yet. And it seems theres some kind of restraining orders on me

Joseph Torri
Joseph Torri answered on Sep 13, 2017

It sounds like she could be trying to take a tactical advantage over you. The restraining order is of major concern. You'll should be getting served. If you don't get served and know about the court date, you may consider showing up and possibly ask for a continuance. No current orders is of... Read more »

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