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2 Answers | Asked in Child Custody for California on
Q: Would the court grant custody to the father if the children were temporarily living with him for a year?

We did a trial move of the kids to CA from IN because the kids wanted to see if they would like to live with their Dad. We signed an agreement that we would revise in a year and either of us had the right to change it if we saw fit. I (the mother) still have legal custody. I have decided to keep my... View More

Joseph Torri
Joseph Torri
answered on Jun 22, 2017

It is likely the court will grant the father custody, especially if the children have been living with him in another state for a year. The agreement that was made is not necessarily a typical agreement, and the court will look to the best interest of the children. Since there is a huge distance... View More

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3 Answers | Asked in Family Law for California on
Q: My ex-husband has full custody of my daughter but now my daughter live with me full time he agree of those changes

Hello my ex-husband has full custody of my daughter but my daughter has been living with me full time for over 5 month

She wanted to come and live with me she is 14 going on 15 now she's full time with me with no visitation to her father she also change School closer to my house all... View More

Joseph Torri
Joseph Torri
answered on Jun 20, 2017

You can prepare a stipulation documenting the agreement, both of you sign it and file it with the court so it becomes a court order. If he doesn't sign an agreement, you may need to file a request for order for a change child custody and visitation.

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6 Answers | Asked in Car Accidents for California on
Q: I saw my brother get severely injured as a passenger in the car I was driving when a drunk driver hit us. Can I sue for

emotional distress?

Joseph Torri
Joseph Torri
answered on Jun 20, 2017

It is highly likely that you can sue for that, but a careful review of the facts is necessary. You should consult with a personal injury lawyer right away! Most offer a free initial consultation.

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3 Answers | Asked in Divorce for California on
Q: California no contest divorce. Need to cancel my employer paid coverage for wife to pay my living expenses

Could be considered retaliatory but this isn't. It's a financial hardship. Legal?

Joseph Torri
Joseph Torri
answered on Jun 20, 2017

The parties should put it in writing if she agrees. If there is no agreement, the judgment will control. More facts are required to provide a thorough analysis.

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2 Answers | Asked in Child Support for California on
Q: How can i stop getting charged for child support if i have the kids everyday?

I keep getting money tooken out of my weekly checks by my kids mother , but ihave my kids daily and she doesnt see them why should she get a child support check..its not fair..

Joseph Torri
Joseph Torri
answered on Jun 19, 2017

It sounds like you may need to file a request for order to change child support. You may want to hire a family lawyer on a limited scope basis instead of a fully retained basis for representation. Visiting the court's self help center is another option. Failure to modify child support will... View More

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3 Answers | Asked in Family Law and Child Custody for California on
Q: My daughter went to visit her dad in Fla was supposed to return 06/24 I filed custody papers he's changed flight 08/10

He hasn't been served. What should I do now

Joseph Torri
Joseph Torri
answered on Jun 19, 2017

You probably need to file a request for order for child custody and visitation. Filing ex parte may be necessary, the court may not find it as an emergency depending on the specific facts. The dad will need to be served and you should contact a local process server to see if he or she knows anyone... View More

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1 Answer | Asked in Domestic Violence for California on
Q: I filed a domestic violence report on my boyfriend and he wasn't arrested. I also got a temporary restraining order.

I don't want to press charges against him

Joseph Torri
Joseph Torri
answered on Jun 19, 2017

The prosecution will proceed with the case even if a victim does not want prosecution if they believe there's a case. Since he wasn't arrested, the prosecution may not file charges. Victims that don't want prosecution may need their own attorney for specific advice and to discuss the... View More

2 Answers | Asked in Divorce for California on
Q: I was married in 1987 and we purchase a home in 2002. I signed a quit claim deed. I'm I still entitled to 50 precent?
Joseph Torri
Joseph Torri
answered on Jun 19, 2017

There's a possibility that the home is separate property. However, more facts are required to provide a thorough analysis. The complete picture needs to be analyzed along with the circumstances of signing the quit claim deed. Seek legal counsel from a family law attorney.

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2 Answers | Asked in Domestic Violence for California on
Q: I had my fiance arrested for DV. It's his first offense and was held for 5dys. Will they let him go if I wish to drop it

He fully complied and I know before speaking to the police that he was ready and willing to be arrested for crime will the courts see this as an act of mercy and let him go with a plea of guilt and how can I get this information to him before Monday if I have the tempore restraining order that I... View More

Joseph Torri
Joseph Torri
answered on Jun 18, 2017

If he's in custody at the court date, they may offer him a get out of jail plea bargain, but they may not depending on the facts of the case. When the victim of a case doesn't want prosecution, the prosecution will still prosecute him. When a victim doesn't want prosecution, the... View More

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2 Answers | Asked in Family Law and Domestic Violence for California on
Q: What can my son expect at a restraining order court date.

He's truly not a threat to his children or her... she's just mad and making him look worse than he is

Joseph Torri
Joseph Torri
answered on Jun 18, 2017

Although he might not be a threat, the judge doesn't know that. Your son should retain a family lawyer because his custody rights could be severely limited if the judge grants the restraining order and he will most likely have to pay her child support. There are plenty of innocent people who... View More

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3 Answers | Asked in Family Law and Child Custody for California on
Q: Does a temporary custody order take long to obtain? What if he still won't let me bring her home or see her ?
Joseph Torri
Joseph Torri
answered on Jun 18, 2017

Temporary custody orders don't take long to obtain in general. Orders can generally be made within a month or two, which is pretty quick in the court's eyes. If he fails to comply with court orders, he could jeopardize his custody time and find himself in jail for contempt of court. More... View More

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3 Answers | Asked in Child Custody, Divorce and Family Law for California on
Q: My wife filed for divorce in Feb. 2017. We tried to make it work. No luck. Since then we both have not shown up to court

dates. We both did not attend the child mediation hearing. What is going to happen now that we both have not followed through? Is the divorce/child custody still going to be finalized? The case is still active.

Joseph Torri
Joseph Torri
answered on Jun 18, 2017

Both of you should work out an agreement if you both failed to show up for mediation and your court date. You can file to get back into court for orders since the court probably took your court date off calendar. Talk to a family lawyer and you should be able to hire one on a limited scope basis... View More

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3 Answers | Asked in Family Law and Child Custody for California on
Q: can my daughters dad refuse to return her home and enroll her into school without my consent?

My daughters father is upset the child support got modified and now he is refusing to return her home. He says he filed for full custody and I will not see her until the judge tells him he has to release her to me . She has been in my custody since she was 2 but I do not have court ordered custody... View More

Joseph Torri
Joseph Torri
answered on Jun 18, 2017

These can be turbulent times for parents when there are no court orders. Although he says he filed for full custody, you should check with the court if you haven't got served and you may need to file your own request for order for child custody and visitation in order to obtain court orders.... View More

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3 Answers | Asked in Divorce and Child Custody for California on
Q: i have temporary full custody, does the other parent have a right to not let him go out of state?

not let our son to leave the state.

there is nothing on the R/O that says he can not leave state

Joseph Torri
Joseph Torri
answered on Jun 17, 2017

More facts are required to provide a thorough analysis. If there is a paternity case or a divorce case, there are automatic temporary restraining orders in the summons preventing a parent from taking the children out of state unless the other parent agrees or there's a court order. You may... View More

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3 Answers | Asked in Divorce for California on
Q: I have filed for divorce and keep getting the proof of service back from the court. It says should specify form names

And numbers what do I do?

Joseph Torri
Joseph Torri
answered on Jun 17, 2017

It sounds like you just need to put the name of the forms on the proof of service to let the court know what forms were served.

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1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for California on
Q: My ex went to jail for domestic violence. Can I use that in court to get full custody of our son?

I also want the judge to order him to get evaluated because he has a lot of mental issues that he hasn't been diagnosed with. Is that something that the judge can do?

Joseph Torri
Joseph Torri
answered on Jun 17, 2017

The judge can certainly entertain the requests and make orders based on the evidence presented. You might be able to obtain sole custody. The court can still give the perpetrator some type of custody, but it depends on the facts.

3 Answers | Asked in Criminal Law, Divorce and Family Law for California on
Q: I'm married with 3 kids, me and my wife are having marital problem so he asked me to leave the house, now I found out

that she is pregnant from another man. Can I get a sole custody of my kids and can I sue her for that.

Joseph Torri
Joseph Torri
answered on Jun 17, 2017

Cheating is irrelevant in a California divorce. A spouse can't force another out of the house unless a court grants a restraining order or the couple agrees to terms of moving out. Obtaining sole custody won't happen simply for cheating. Other facts need to be analyzed with regard to... View More

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2 Answers | Asked in Domestic Violence and Child Custody for California on
Q: my ex went to jail for domestic violence.Is the police report enough evidence to use in court for supervised visitation

We have a 3 year old. Can I get full custody of him?

Joseph Torri
Joseph Torri
answered on Jun 17, 2017

The report would be considered hearsay, but the fact that there's a report is a good start. Obtaining a temporary restraining order could make it persuasive until you receive a domestic violence restraining order. A full analysis is required to determine whether you could obtain sole custody.... View More

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1 Answer | Asked in Divorce for California on
Q: Can a prisoner transfer funds from a sale of a condo from a joint account to his own personal account?

Divorce hearing Sept. 22nd and we do not have an attorney at this time .Emailed 10 attorneys and have not heard from anyone. DIVORCE IN SAN MARCOS,CA

Joseph Torri
Joseph Torri
answered on Jun 16, 2017

Automatic temporary restraining orders would prohibit such a transfer. More facts are required to provide a thorough analysis. Try calling the lawyers in case there is something wrong with their emails or find one that will answer the phone. Consulting with a local family lawyer is critical.

3 Answers | Asked in Family Law and Child Custody for California on
Q: If a child's biological parent's separate and the parent that the child lives with dies who gets custody of the child?

The child was 9 or 10 months old when his parents broke up(unmarried). Father met his girlfriend and they stayed together for 7 years. During those years father's girlfriend took on the full responsibilities of a mother to the child. Father passed suddenly and his family(mother and sisters)... View More

Joseph Torri
Joseph Torri
answered on Jun 16, 2017

Unless there is a guardianship, the biological parent is most likely the parent to take custody of the child. The absent parent may not want custody and if another person is available, a guardianship may be appropriate.

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