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Questions Answered by Joseph Torri
1 Answer | Asked in Divorce for California on
Q: Post divorce the marital home has not been sold does the non occupant have access rights?

The parties have been separated for 2 years husband resides in home has until 2020 to buy Xwife out. Xwife continues to come over unannounced and has her things stored in a garage refusing to move them. She says it's her right because her name is still on the house.

Joseph Torri
Joseph Torri
answered on Aug 25, 2017

The judgment should provide guidance about access rights. There is a term called exclusive rights to the community residence, and it sounds like the occupant of the home has the exclusive right to use the home without the other person coming over, but without more information we do not know what... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: My ex won't let me see my son. Even though we never married and have no custody agreement. How can I get him back?

According to everything I've read I should have sole custody since we never married but my ex won't even let me near my son. Can I get a stand by assist from an officer to have my son returned to me?

Joseph Torri
Joseph Torri
answered on Aug 24, 2017

You may need to file a paternity case and request for order for child custody and visitation. Law enforcement will have difficulty helping if there are no court orders, but it's at least worth asking. There are many factors to consider for sole legal and sole physical custody. More facts are... View More

1 Answer | Asked in Criminal Law, Family Law and Child Custody for California on
Q: my children's mother made an accusation of domestic violence I have not seen or heard from my children in five days how

May I legally see them

Joseph Torri
Joseph Torri
answered on Aug 23, 2017

If there is a domestic violence restraining order order in place or a temporary restraining order, you cannot see them under most circumstances. You need a lawyer to review the orders, if there are any. You may need to file a request for order for child custody and visitation. If this is just an... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: find a lawyer to process the Domestic Relation Order. Must know laws for dividing civil service retirements.
Joseph Torri
Joseph Torri
answered on Aug 23, 2017

I don't think lawyers will contact you for being hired since there are some ethical concerns. If you're in Los Angeles County, consider getting a referral from the bar association. I just don't think lawyers will be contacting you due to ethical concerns. Also, there are not many... View More

1 Answer | Asked in Child Custody and Divorce for California on
Q: how do i get full custody of my 4 year old son after divorce. i am a low income parent

i am a low income mother and i wanna get a full custody of my 4 year old son after getting my marriage terminated. then will my ex be supporting our child even if i get the full custody?

Joseph Torri
Joseph Torri
answered on Aug 23, 2017

If there is a good reason for the court to award full/sole custody to you, then it's possible to get it. However, the court will not grant it if there are no circumstances justifying it. It's very common for parents to receive joint custody in average circumstances. It's possible... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: What can my husband do? He has 50 legal/physical. The court order states that one parent should not sign up their child

for any extracurricular activity that will interfere with the other parent's parenting time without prior consent. This year is the first year that THAT has been in effect. The ex though still signed up their daughter for sports even after they have both discussed and he had said no. She... View More

Joseph Torri
Joseph Torri
answered on Aug 23, 2017

One obstacle your husband may encounter is that he didn't object and immediately take action, such as a request for order since it sounds like this occurred two years ago. The court might have a hard time taking the child away from the extracurricular activities she has been engaged in. Also,... View More

1 Answer | Asked in Domestic Violence for California on
Q: How can I file a domestic dispute that happened earlier in the day
Joseph Torri
Joseph Torri
answered on Aug 21, 2017

If you need to file for a domestic violence restraining order, visit the court's self-help center online or at the court. There may also be a legal aid nearby that may help. If you're a victim of a crime, call your local police department. More facts are required to provide a thorough analysis.

1 Answer | Asked in Child Support for California on
Q: I have two step children, one turned 18, graduated, and left for college. Does she come off child support order? When?

Child support is still being deducted from my husband's pay check for both children. We just want to know if the 18 yr old support automatically terminates, how long until it happens, or does he have to petition to gave it removed? He wants to send her money for college directly now that shes... View More

Joseph Torri
Joseph Torri
answered on Aug 19, 2017

Carefully read the court order in place since the language may not be specific. It's possible that he needs to file to terminate it. More facts are required to provide a thorough analysis.

1 Answer | Asked in Domestic Violence for California on
Q: My ex bf was arrested For Beating me up his court date is next month , will he serve jail time?

He admitted to putting his hands on me & also can i give The courts the pictures of my injuries so they can use it against him in his court case ? Also how can I get full custody of our son

Joseph Torri
Joseph Torri
answered on Aug 19, 2017

It's possible he could serve jail time, but it depends on what his criminal defense lawyer negotiates with the district attorney. You may want to call the district attorney's office to let them know you are a cooperative witness and your desire for punishment, etc. You may need to file... View More

1 Answer | Asked in Divorce for California on
Q: my wife and I have seperated ,she has her car and my truck refusing to give me my keys,what are my options.we live in ca

we have been married 14yrs,and i have not filed the divorce papers yet,but i am loosing my job and going broke.

Joseph Torri
Joseph Torri
answered on Aug 19, 2017

You may need to file for divorce with the court and request a trial date. Since it sounds like you are unable to hire a lawyer, visit the court's self-help center at the court and/or online. They may provide some assistance. More facts are required to provide a thorough analysis.

1 Answer | Asked in Divorce and Family Law for California on
Q: Summary of dissolution or uncontested divorce??

Me and my wife are seeking a divorce but lost on what is the best, fastest, most time efficient and less complicated approach? (I know it's six months wait either way)

We both have been married less than five years, no children and only a car loan debt we have. Is it better if we both... View More

Joseph Torri
Joseph Torri
answered on Aug 19, 2017

The link should be helpful from the court. http://www.courts.ca.gov/1241.htm

California uses the term judgment and not decree.

2 Answers | Asked in Child Custody and Family Law for California on
Q: How am i supposed to prove that the mother in a child custody case has lied about just about everything that she is

Accusing me of when the judge doesnt even bother looking at evidence i have that proves they are lies and mother never has evidence/proof to back up her claims. The mediator initially made a very inacurate report for the judge based on heresay and was incredibly biased due to the mothers... View More

Joseph Torri
Joseph Torri
answered on Aug 19, 2017

You may not have presented your evidence pursuant to the local rules, etc. If the judge recently ruled on the case, you will be facing an uphill battle. Consider retaining a local family lawyer to represent you. More facts are required to provide a thorough analysis.

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2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: Can a mother take a child from California to Washington without the father's consent or based on a lie.

& that father is giving the mother money for the child without a court agreement?

Joseph Torri
Joseph Torri
answered on Aug 19, 2017

Without court orders a parent can technically move to another state. However, that doesn't mean the moving parent will be successful with the move if the nonmoving parent files for immediate court orders. If the nonmoving parent acquiesces in taking action with the local court, the other state... View More

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2 Answers | Asked in Child Support for California on
Q: I have all the custody of my son.the father has court ordered child support but has once again quit his job and moved

He owes over 15 thousand already in back child support..he pays then a year later quits his job and moves out of state..I wanted to see if there is a way to hold in contempt of court?

Joseph Torri
Joseph Torri
answered on Aug 19, 2017

Intentionally quitting a job will not get him out of his child support responsibilities. You may need to file an affidavit of contempt. If the Department of Child Support Services is collecting, discuss the issue with them. More facts are required to provide a thorough analysis.

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2 Answers | Asked in Family Law and Child Custody for California on
Q: I'm being sued for custody and a 730 on my 17 yr old.He didn't show for mediation.How will that affect the hearing?

I won sole legal and physical custody in 2012 of my then 11 and 13 yr olds. Father got court supervised visits which he attended 3. We heard nothing from him until he served me for custody in Oct 2016. The girls had not seen or heard from him in 4 1/2 yrs. He asked for a 730 and it was not granted.... View More

Joseph Torri
Joseph Torri
answered on Aug 19, 2017

Mediation is usually required prior to making orders or modifying orders. I suspect the judge will order the parties to attend mediation. Anything is technically possible, but mediation sounds appropriate prior to orders being made. Since the child is 17, I think that is an important fact. More... View More

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2 Answers | Asked in Family Law for California on
Q: Not married no court order father enrolled son to school and didn't put me on list what I do
Joseph Torri
Joseph Torri
answered on Aug 19, 2017

You may need to file a request for order for child custody and visitation. You may need joint legal custody orders to deal with school related issues. Consult with a family lawyer or visit the court's self-help center. More facts are required to provide a thorough analysis.

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2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: Father has physical custody and is not married to mother the child is 20 months Can the mother who left the child for

Two months with the father who served her as the petitioner take the child cause there is no court date set yet and keep the child away from father And what should a father file or do when mother won't communicate at all and now it has been 10 days since the sheriffs served her and she... View More

Joseph Torri
Joseph Torri
answered on Aug 19, 2017

You may need to set a court date to obtain child custody and visitation by filing a request for order. Consult with a family lawyer or go to the court's self-help center. More facts are required to provide a thorough analysis.

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2 Answers | Asked in Family Law for California on
Q: School starts Wednesday of my summer visitation does it end the weekend or tuesday?

Im allowed by the court to take him on mondays to school on my weekends. Is that mon, tues like my weekend so i can take him Wednesday to school?

Joseph Torri
Joseph Torri
answered on Aug 19, 2017

The language of the court order is controlling. If you don't have specific orders, it probably ends in Monday or Tuesday. More facts are required to provide a thorough analysis.

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2 Answers | Asked in Divorce and Child Custody for California on
Q: as the petitioner, can i ask for full custody after i have already filed for 50/50.

i have already filed for my divorce and asked for 50/50 but the father isnt coming around at all, we have a court date coming up. He also hasnt responded and isnt planning on paying to file a response

Joseph Torri
Joseph Torri
answered on Aug 19, 2017

You may need to amend your paperwork and proceed through default if he doesn't respond. Depending on when the court date is, you may need to let the judge know of the current situation and you may be able to obtain temporary orders. More facts are required to provide a thorough analysis.

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2 Answers | Asked in Domestic Violence for California on
Q: Can a domestic violence case be open if it happened more than 6 months ago?
Joseph Torri
Joseph Torri
answered on Aug 8, 2017

More information is required to provide a thorough analysis. Domestic violence cases in general cover a broad area of the law. In general, it's possible to "open" a domestic violence case even if the facts arising out of the issue occurred more than six months ago.

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