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2 Answers | Asked in Child Custody for California on
Q: I currently live in ca and been separated from my 2 kids since last summer when mom told me she was moving to Michigan

Because of a high paying job. Now I found out that she was moving with her boyfriend and that she lied about the job. I want to know what my legal rights to assure their return to California. Pls help.

Joseph Torri
Joseph Torri
answered on May 9, 2017

Although her reason for moving was untruthful, assuring their return to California is highly unlikely if she doesn't want to move back. It doesn't sound like a case has been filed in California. Michigan appears to have jurisdiction, and you should seek a consultation with a family lawyer... View More

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1 Answer | Asked in Child Support for California on
Q: I need a child support attorney to represent me for a overdue arrears case
Joseph Torri
Joseph Torri
answered on May 6, 2017

Many family law attorneys offer a free initial consultation that you should take advantage of. Find some local attorneys for a consultation. Arrears cases are difficult since orders were in place and monies are due with interest. It's very important to try and modify or change orders when a... View More

2 Answers | Asked in Criminal Law, Domestic Violence and Family Law for California on
Q: I want to request a Domestic violence restraining order but I don't know where my spouse. What can i do?

He also suddenly wants to get custody of our daughter and has been threatening that hes going to take her away. He has only been reaching out to me through different phone numbers and harassing me. We're still legally married and I want to get a restraining order before I proceed because Im... View More

Joseph Torri
Joseph Torri
answered on May 5, 2017

People interpret harassment in different ways. Specific facts are necessary to analyze how he has been harassing you, and then a lawyer will be able to decide whether a restraining order would be attainable. He could be talking about taking her away from you in custody court and you should hire a... View More

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2 Answers | Asked in Child Custody for California on
Q: The judge quash my case do to responded filling a change of venue letter. what can i do.

I request for custody for my daughter and my son lives with me. I want them to live together with me.

She is been living in New Mexico for more than six month which I didn't know. is there something else to do?

Joseph Torri
Joseph Torri
answered on May 5, 2017

It sounds like the judge has already ruled on the venue issue. Your options may be limited at this time. If you did not present a proper case and argument, it may be too late to address this issue. The judge probably obtained the information he or she wanted. If you did not communicate your... View More

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2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: Hello, my husbands ex is stating she has involved a lawyer in their child's case, should he have been notified of this?

Are there any pro-bono lawyers for family court in Sacramento county?

Joseph Torri
Joseph Torri
answered on May 5, 2017

Notification may not be necessary depending on what type of service or services he retained for. If there is a court date, it's possible that you will not know until the day of court, which is completely legal. The proof of service form allows for personal service on the day of court. The ex... View More

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2 Answers | Asked in Divorce for California on
Q: If my divorce status is "active" (found this after online search using case number), am I still legally married?

Mandatory Settlement Conference was August 26th, but the only signed orders on file with court are pertaining to Child & Spousal Support. When I did online searches it shows case status as "active". I need actual date of divorce.

Joseph Torri
Joseph Torri
answered on May 5, 2017

It does not sound like you're divorced. Since you state the only orders are for child and spousal support, it really doesn't sound like you're divorced. You need a divorce judgment to be divorced. More facts are required to provide a thorough analysis. You should consider hiring a... View More

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2 Answers | Asked in Child Support for California on
Q: A case has been open for Child support. They sent me a Income and Expense Declaration to fill out.

I know that they will sent the forms to the courts to base child support. Do I need a Lawyer?

Joseph Torri
Joseph Torri
answered on May 6, 2017

Do not ignore the income and expense declaration. Make sure it is completely filled out with attachments and gets filed. Lawyers would generally never represent themselves on their own case so it's always a good idea for anyone to get a lawyer. Legal cases can have a serious financial impact.... View More

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6 Answers | Asked in Wrongful Death for California on
Q: If someone dies in a car accident on the way to work can their family sue the employer?
Joseph Torri
Joseph Torri
answered on May 5, 2017

More facts are required to provide a thorough analysis. The employer may have liability and it's possible to bring a lawsuit against them. However, we need more facts to analyze the situation. Most lawyers offer a free initial consultation.

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2 Answers | Asked in Child Support for California on
Q: A woman I was with about 11yrs. ago. Is has file a case child support services on child that's 10 yrs.

If the child is mine. Can she get support for the last 10yrs.

Joseph Torri
Joseph Torri
answered on May 6, 2017

If the child is yours, she can get child support from the time she recently requested it. She won't be able to go back ten years since she just filed the case as the posting states. This has to be a difficult time for you. Think about establishing a relationship and custody if the child is... View More

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2 Answers | Asked in Child Support for California on
Q: My boyfriend owes back child support and has to go to court what kind of lawyer should he get to represent him

This is a arrears case the child is 24 years old and lives in reno california

Joseph Torri
Joseph Torri
answered on May 6, 2017

He should hire a family law attorney. Many attorneys offer a free initial consultation that he should take advantage of.

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1 Answer | Asked in Family Law and Estate Planning for California on
Q: Can i leave the court summons with the other parties dad?? Jas he neen served?
Joseph Torri
Joseph Torri
answered on May 4, 2017

An adult not a party to the case needs to serve him personally. Serving his dad will not work. The other party can sign a notice and acknowledgement of receipt, but I doubt that will get accomplished if you don't provide it. If the other party is not hard to find, you should hire a process... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for California on
Q: My girlfriend left her kids here with me. I'm just the boyfriend not the father. Can I get in legal trouble?
Joseph Torri
Joseph Torri
answered on May 4, 2017

It sounds like your girlfriend left the kids for a short period of time like going to work or the store. If there are court orders preventing contact with you, such as a restraining order, you could get in trouble. If there are no restraining orders and the father has a problem, the father can go... View More

2 Answers | Asked in Family Law and Child Custody for California on
Q: Is it illegal to accept contact from my daughter when my parental rights have been terminated.

My daughter is 15 now and has contacted me. Her mom doesnt want her to. But she has messaged me multiple times can i get in legal trouble for messaging her or meeting her since she is still underage. I voluntarily gave up my rights as a father because of difficult situations at the time. Now i have... View More

Joseph Torri
Joseph Torri
answered on May 4, 2017

More facts are required to provide a thorough analysis. Contact a local family lawyer for a thorough consultation. Some parents think their parental rights have been terminated, but there may be an avenue to pursue custody and visitation. If there is a way to establish visitation, it's not... View More

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2 Answers | Asked in Family Law and Child Custody for California on
Q: I would like to know if it is illegal for a mother to share a room with her daughter?

I would also like to know if while the daughter is at visitation with her father if he is obligated to keep her doctor appointments, dental appointments and extra curricular activities appointments? We have joint legal and I have sole physical custody. Who has the final say in decisions if for some... View More

Joseph Torri
Joseph Torri
answered on May 2, 2017

The judge would be the final say if the parents disagree on joint legal custody issues. The circumstances of sharing a room depend on the facts. Children should sleep in their own beds. Courts understand that people are on limited budgets. Therefore, each case needs to be analyzed individually. I... View More

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2 Answers | Asked in Child Custody and Child Support for California on
Q: Is there a way to file for full custody without seeking child support ?

I want to file for full custody and he said he would sign the papers , but I don't want to receive child support . Is that possible ?

Joseph Torri
Joseph Torri
answered on May 2, 2017

The parents can agree to set child support at zero. However, the court will reserve jurisdiction over child support in case either parent needs to request it. The short answer to your question is yes. Just know that some parents will not sign if they see a reservation of child support since the... View More

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2 Answers | Asked in Family Law and Child Custody for California on
Q: My ex husband does not want my girlfriend around the kids the judge asked for no contact between my kids and my

Girlfriend because I had no place to live so he got everything granted to him my girlfriend has a restraining order against him because he use to harras her. So now that I have a place and me and my girlfriend live together we both pay rent he knows and he wants me to have the kids Every other... View More

Joseph Torri
Joseph Torri
answered on May 1, 2017

You may want to file a motion for reconsideration. You should seek a consultation with a local family lawyer, and it may be worth it to see if a lawyer will represent you on a limited scope attorney instead of a fully retained basis if you can't afford it. Following a court order is important... View More

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2 Answers | Asked in Criminal Law, Family Law and Child Custody for California on
Q: How do i press charges against someone that lives in another state

My children were abducted by my mother and their father...he is court ordered to return them by our court date may 16th. He lives in texas i live in california. He has filed a form against me in texas which he is only able to file if he had the children for 6 months he only had them for two. Which... View More

Joseph Torri
Joseph Torri
answered on May 1, 2017

You may want to start by contacting your local law enforcement office and prosecutor's office. If they tell you that officials in Texas would need to handle the investigation, ask them what law enforcement agency you should start with first. You may also want to contact a local family law... View More

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3 Answers | Asked in Family Law and Child Support for California on
Q: My fiance and I are expecting a baby. His ex recently found out and is livid and suddenly wants to hit him for CS.

I live in California and my fiance and I are expecting a baby. His ex recently found out and suddenly wants to hit him for child support for their 11 year old. Does us expecting a baby effect how much he could end up paying? And what happens when we decide to have more kids? My two children that I... View More

Joseph Torri
Joseph Torri
answered on May 1, 2017

These facts require a thorough analysis with all of the variables. Once your children are born, he should request relief. He should seek as much relief as possible for the current request. Make sure his documents are completely filled out and filed in a timely manner. Timeshare of the 11 year old... View More

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2 Answers | Asked in Child Custody for California on
Q: If I have sole custody of my two children and the father files emergeny custody for one child. Do I get served?
Joseph Torri
Joseph Torri
answered on May 1, 2017

You should receive a copy of what has been filed on the ex parte court date, if the date is granted. You can request a copy of it ahead of time from him or his lawyer if he has a lawyer, and see if he complies by giving you a copy. More facts are required to provide a thorough analysis.

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2 Answers | Asked in Child Custody for California on
Q: I have 2% of my kids what does that 2% means?
Joseph Torri
Joseph Torri
answered on May 1, 2017

The timeshare percentage that you have with your child is the two percent figure. This low figure will probably be used in determining child support. If that number goes up, you will probably pay less in child support. More facts are required to provide a thorough analysis. Most family lawyers... View More

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