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Questions Answered by Joseph Torri
1 Answer | Asked in Child Custody and Family Law for California on
Q: What is the best/easiest/least expensive way to update custody without contact information for the other parent?

Daughter is 17 and in her last year of high school. A few months ago, her father (and his then girlfriend) declared she was no longer welcome in their home (residence at that time). They have since broken up and he left. My understanding is he has relocated to Nevada, but I have no further details.... View More

Joseph Torri
Joseph Torri
answered on Aug 8, 2017

You may need to file a request for order with the court to change court orders. Consult with a local family law attorney. More facts are required to provide a thorough analysis. Ask the local family law attorneys if they offer limited scope legal services, especially on a case that doesn't... View More

3 Answers | Asked in Child Custody for California on
Q: Fathersrights? No order in place do i have to listen to her demands. What if she brings the cops to try and take my kid

With no custody order in place and I've had my child do I have to give her to her mother I want my child to go to the first day of school and have some normalcy in her life and the mother is being difficult telling me things and expected me to listen because she said so where do I stand, I... View More

Joseph Torri
Joseph Torri
answered on Aug 8, 2017

Parents should attempt to work out their own agreements. However, that can be difficult when each parent has differing viewpoints. Not having custody orders certainly places the parents in a difficult situation. The police will be unable to enforce child custody issues without court orders, but the... View More

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1 Answer | Asked in Family Law and Child Custody for California on
Q: My child's mom is instigating any communication I have with him. We have no court order and she is demanding more money.

I paid her more than I had to for years, I lost my job, cashed in my 401k and still paid her. After a year of unemployment, I ran out of money and my wife paid the child support for months. I started working again, but way less money. Either way, she has limited my contact with my son. We are in... View More

Joseph Torri
Joseph Torri
answered on Aug 4, 2017

Your request seems reasonable. Filing a paternity case in California along with a request for order for child custody and visitation appears to be your next steps. More facts are required to provide a thorough analysis, including confirming California has jurisdiction, etc. Having court orders... View More

1 Answer | Asked in Divorce, Family Law and Child Support for California on
Q: do I have to give my tax returns and paystub to my ex just because I requested his?

My oldest son was living with my ex for the school year but will be living with me next year. I requested tax returns and paystub from my ex for the purpose of having the child support modified. we usually do this out of court. he is now telling me I have to give him my financial info if I am to... View More

Joseph Torri
Joseph Torri
answered on Aug 4, 2017

Parties to an action may file discovery to obtain pay-stubs and tax returns. There is an informal discovery procedure where parents can exchange said documents. Both parents have a right to inspect these documents if requested.

1 Answer | Asked in Child Support for California on
Q: Child Support Question

I been on child support through the county for the past 13 years its been taken out of my paycheck. I come home yesterday and received a packet in the mail from the child support services department that a court hearing for this case has been scheduled for me. In the packet i have FL-685 i am not... View More

Joseph Torri
Joseph Torri
answered on Aug 4, 2017

The other parent could be trying to modify or change child support. The other parent may be trying to increase the amount of support. There could be other legal issues to address, such as if you are not paying something that is required. More facts are required to provide a better analysis. Do not... View More

2 Answers | Asked in Child Support for California on
Q: If I have 50% custody of my daughter do I still need to pay child support to her mother?
Joseph Torri
Joseph Torri
answered on Aug 4, 2017

Parents may still be ordered to pay child support to the other parent even when there is a 50/50 custody order. Some parents are surprised to find this out, but it is certainly possible if one parent is earning a higher income than the other.

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3 Answers | Asked in Divorce for California on
Q: I was informed that separated spouse (in writing) will not honor the filed separation agreement, what recourse do I have

The due date for payment is still 100 days away

Joseph Torri
Joseph Torri
answered on Aug 4, 2017

More facts are required to provide a complete analysis. The filed agreement probably contains an order of the court, but it really depends on what the agreement states. The person may change his/her mind and honor the agreement. There are possible contempt of court remedies or possibly filing a... View More

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1 Answer | Asked in Child Support for California on
Q: do I have to file for child support against both my kids dads?

I filed for child support with my sons dad and he was ordered to pay but the judge brought up the fact I haven't filed for it with my daughters dad...do I have to file with my daughters dad? Is it recommended?

Joseph Torri
Joseph Torri
answered on Aug 2, 2017

If you believe that you need child support from your daughter's father, then you should probably file for child support against him. You should consult with a local family law attorney to discuss the particulars. However, generally a parent will know when she/he needs child support. Since you... View More

2 Answers | Asked in Child Custody and Family Law for California on
Q: Can I request full custody of my 2 kids since there is physical violence with their mom and boyfriend

My kids have been staying with me for 2 months now since my son and daughter say they no longer feel comfortable being around their mothers boyfriend due to his anger and abusive language, Their mother is currently looking to move away from her boyfriend but this will be the 6th time she has... View More

Joseph Torri
Joseph Torri
answered on Jul 31, 2017

Filing a request for order to change child custody and visitation is the procedure. An attorney would have to analyze all of the facts before determining whether a request for order should be filed, but it sounds like there is a lot of turmoil that the children are going through. Specific parenting... View More

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2 Answers | Asked in Child Custody and Child Support for California on
Q: If your paying child support can you get half custody of the child if you have never tryed to be apart of their life?

I gave every opertunity for him to be apart of her life now child suport is going after him . she is turning three and now wants to try to get half custody. Cuz he has to pay child support

Joseph Torri
Joseph Torri
answered on Jul 31, 2017

Half custody may not occur right away, but there is a process to establish custody and visitation. There would probably be some type of reunification and a step-up parenting plan. 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: I have daughter 35% of the time. If we decide to go to court over custody percentage, what will judge look at for dec?

Mother of my daughter is moving from Irvine to Corona (From an apartment to living with her parents). She asked me to look at schools in Corona, but I fear that she will constantly be moving from city to city. I plan to live in Riverside for the next 5 years at least. I currently get my daughter... View More

Joseph Torri
Joseph Torri
answered on Jul 29, 2017

The distance issue is important. If your child will be closer, there is a good argument for more time. Since there are no custody orders, it's a good idea to get orders at a strategic time. It certainly sounds like a good fact for you that she will be moving to Corona with her parents.... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: I filled for parentage and 50/50 custody, then the mother filed for child support. What do I do?

Do I wait for my court hearing or do I submit the information being requested by CCSS? I'm not on the birth certificate but I have made diligent attempts to be in the child's life but the mother denies it and filled for CSS after being informed that I was planning on filing for parentage... View More

Joseph Torri
Joseph Torri
answered on Jul 29, 2017

Responding to the department of child support services is probably a good idea. If you don't respond, they will probably proceed without your input which could result in higher payments. You will probably need to file a request for order for child custody and visitation. If child support makes... View More

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2 Answers | Asked in Child Custody for California on
Q: If I have sole physical custody and move the non custodial parent into the home does it change our child custody order?
Joseph Torri
Joseph Torri
answered on Jul 29, 2017

Although the court order won't change until the court actually changes it, the noncustodial parent would have a better argument to change the court order to joint physical custody if you break up.

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2 Answers | Asked in Divorce and Family Law for California on
Q: If I custody of my child can I rent a room in a person's house
Joseph Torri
Joseph Torri
answered on Jul 15, 2017

Renting a room is not necessarily an obstacle to custody. The facts of the case are crucial. Children should have their own beds. Persons living in the house can be of concern, but 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: Dept of Child support services is appt by the court to collect court ordered support from the non custodial parent,

Isn't there role to see that the children are being supported and living with custodial parent as stated when case was opened

Joseph Torri
Joseph Torri
answered on Jul 15, 2017

A parent may need to file a request for order to change child custody and visitation if they're not reflecting the actual court orders. A request for order to change child support may be appropriate to reflect the actual custody.

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2 Answers | Asked in Divorce for California on
Q: Can I file divorce finalization paperwork without signatures from petitioner? She doesn't want to sign and finish
Joseph Torri
Joseph Torri
answered on Jul 15, 2017

If one party doesn't participate in a divorce, there are avenues to pursue without the other party participating.

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3 Answers | Asked in Criminal Law, Federal Crimes, Divorce and Family Law for California on
Q: My wife forged my signature and sent in a summary dissolution application in order to defraud me. What can I do?

She copied an application she sent me for signing which I never did. She grew impatient and simply forged my signature and sent in the application to court.

Now I have the original application that still remain unsigned.

Joseph Torri
Joseph Torri
answered on Jul 15, 2017

Consider filing for a set aside, but weigh the pros and cons of doing so.

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3 Answers | Asked in Divorce for California on
Q: i need assistance with a divorce before my husband gets out of prison

we got married in 2011 and my husband went to prison in 2012 i asked him for a divorce sometime ago and he started with it and then never followed threw, in the papers he had sent me he had given my all custody of our 4 year old, but when i went to court i was told that nothing was filed , i am low... View More

Joseph Torri
Joseph Torri
answered on Jul 15, 2017

Visit the court's self-help center for assistance. You may also be able to find a local legal aid to help.

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2 Answers | Asked in Domestic Violence for California on
Q: Hello, I have a family member who was arrested and charged with domestic violence. First time offense. What can happen!

I believe the case is being treated as a felony as there were physical injuries to the other party

Joseph Torri
Joseph Torri
answered on Jul 15, 2017

Knowing all of the facts is critical in assessing the case. There could be jail time and probation along with domestic violence classes in addition to other penalties. Prison could be an option too even if it is a first offense based on what actually happened. Getting a reduction to a misdemeanor... View More

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2 Answers | Asked in Child Custody for California on
Q: Ex has visits from 10 am -8pm sat . others allowed to pick up. ROFR after 3hrs. Wants his uncle to pick up child at 4pm?

On saturday Ex has acheduled visits from 10 am -8pm. In court order others are permitted to pick up child. He will be out of town until 5 for work. He wants his uncle to pick up child from me at 4pm. He is stating that he is excercising his ROFR and I am simply watching child until he is available... View More

Joseph Torri
Joseph Torri
answered on Jul 15, 2017

The parents should write up an agreement that works for them. When a parent isn't able to follow the court order once in a great while, having flexibility is important. If there is no agreement to go outside the court order, waiting around isn't necessary since people have things to do.... View More

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