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Joseph Torri
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Joseph Torri’s Answers

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  • Just got laid off, how it will affect my divorce to my wife? Should I start divorce before looking for new job?

    Currently separating, thinking about divorce my wife, she is living with my 2 kids. But now I just got laid off, how it will affect my divorce? Should I start divorce before I am looking for other job or should I wait after find new job? how it wi...

    Joseph’s Answer

    Being laid off may reduce the amount of spousal support (known as alimony in other states) you may owe your wife based on a number of factors. If your wife works, she may owe you spousal support. Consulting with a family law attorney would be a wise decision. Spending as much quality time with the children is not only good for the children, it may also lower your child support obligation to your wife. You do not have to wait until you find a new job to file for divorce. You may need to file a request for order for child custody and visitation if your wife does not allow you to have the children moving forward. Since you are laid off, you may want to speak to a family law attorney on a limited scope basis instead of paying a big retainer for a fully-retained attorney.

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  • Can we file for full custody/parental rights for an unborn child?

    My daughter is 19 and a few weeks pregnant. The boy that is the father told her to have an abortion and he wants nothing to do with the baby and will never pay child support. Can we file for full custody/parental rights to get him completely out o...

    Joseph’s Answer

    I agree with my colleagues. I would like to add that there are plenty of future fathers that say they don't want anything to do with the child, but ultimately change their mind, especially after the birth of the child. The mother will be able to file for custody and visitation. If the father responds and wants to partake in the child's life, the court will implement a step-up parenting plan.

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  • Do I have to give my ex our sons insurance card?

    I have 50/50 legal custody with my ex. He wants our sons insurance card, he says he wants to have him see another doctor but he doesn't want me to be there. I'm not ok with this, do I have to give it to him legally? He is not listed on the insurance.

    Joseph’s Answer

    Both parents need the insurance card. Since there is joint legal custody ordered by the court, both parents are involved with these non-emergency medical decisions. You have every right to know about other doctors and diagnoses.

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  • What can I do for my boys in this situation ?

    My husband filed for divorce and I have 30 days to respond. We have 2 children ages 6 & 8. He currently has a female friend whom my boys don't feel comfortable with. He asks them if it's ok to hangout with her and although they refuse he still tak...

    Joseph’s Answer

    Respond to the divorce paperwork in a timely manner. Filing a request for order and going through mediation to come up with an appropriate parenting plan will be key. Finding out why the children are apprehensive about the father's new female friend is important. However, the court will probably not prevent him from taking the children to see her unless there are significant issues with her, and you need to find out what is going on. Simply not wanting to be around her is not enough, but perhaps her conduct may be detrimental to the children. Although the father initially told you he would give you full custody, he is allowed to change his mind based on what he thinks is in the best interest of the children since there is no judgment. Without hearing more facts, father will probably receive joint legal and physical custody. Consider consulting with a family law attorney. If you can't afford a fully retained attorney, consider hiring a family law attorney on a limited scope basis.

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  • Should I report this and when to the authorities

    in april 2015 I was asked to move out of the residence where me my ex girlfriend were raising our kids. I kept in constant contact almost everyday from there on out. on fathers day I was visiting with my children and took them out for the day la...

    Joseph’s Answer

    Domestic violence issues are critical in child custody and visitation litigation. The police will probably take a report, but delaying the report to the police will generally not get them to file criminal charges due to the delay. The domestic violence issues for family law court are critical. Preparing for the child custody and visitation trial is important. Not reporting domestic violence to the police will be an argument the opposing party uses if there is a denial of the domestic violence. Consider having a consultation with a family law attorney to address the legal issues.

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  • If I can't make rent because he isn't paying court ordered support on time, can kids & I move out of state to live with family?

    I am in the middle of going through a divorce & have temporary orders for support/alimony. My soon to be ex has just informed me he is unemployed. He is an alcoholic so this comes as no surprise. I am on a part-time minimum wage job. He says he is...

    Joseph’s Answer

    It is important to know whether he voluntarily quit his job or was laid off, etc. The court may impute income to him if he intentionally quit his job, but this will be fact-specific. Imputing income means that the court can say he is making a certain amount of money each month even if he is not actually making that amount, and that could help you by having him still owe child support at a significant amount. The court may reduce the amount of child support that he owes to you. The court will not allow a move-away/relocation out of state simply because he stopped paying child support. However, there are many factors to analyze when a parent wants/needs to move out of state with the children.

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  • Do I need to inform my ex of any plans to take the kids out of town on the weekend when it is my turn?

    We live in CA, the kids have a long weekend coming up so I have planned to visit a friend & her family about 2 hours up north. We are not leaving the State & will be back before the start of school the next day. This is of course my weekend with t...

    Joseph’s Answer

    The controlling document will be the court's order. Review the terms of the court order to make sure that you don't have to notify him about taking the children out of the county. I doubt the order would require you to notify him of this, especially since you are not going out of state and there is a temporary restraining order on him. Complying with the court's order with regard to TalkingParents.com is crucial. Review the terms carefully about communicating with the father (kids communication) via TalkingParents.com. You probably need to have your cell phone with Internet access or simply Internet access to comply with the TalkingParents.com order of the court. Make sure to comply with this order. The last thing you need is for him to file something with the court saying you're alienating him from the children, etc. Also, I doubt the court's order requires an itinerary for this type of typical weekend custody since it's on your weekend, but review the order carefully so you are not in violation of any orders.

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  • How can I present this matter to the judge so my daughter's father won't prevent us from leaving.

    I recently had mediation and we were able to come to an agreement. We agreed on joint custody. I am aware I have 10 days after mediation to try to modify the agreement. I am currently in the process of moving out the state but I know my daughter's...

    Joseph’s Answer

    Consulting with a family law attorney is critical. Discussing all of the facts pertaining to this case will be key. There is a lot of confusion since there appeared to be an agreement during mediation, but the father does not want you to move. If there was an agreement during mediation, this move away/relocation issue should have been addressed. However, it sounds like the move away was not addressed, but you can clarify this issue once a consultation is had with a family law attorney. Move-away/relocation cases are very complex.

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  • What do I need to file if anything for ex-wife relocating counties and to transfer child custody orders to a different county?

    My ex wife moved to a different county without my consent. However, she moved to my county which I am ok with and would give consent but I would not consent to another county. However, our child custody order that states this is was all determined...

    Joseph’s Answer

    Attorney Yomtov is right on the money with his answer! Consider hiring a family law attorney in your area for assistance to protect your interests. You don't want to be haunted by any issues, and the advice of legal counsel is certainly wise even if it is on a limited scope basis.

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  • Can my wife take the kids to Texas with the intent on not coming back?

    My wife wants to leave me and go back to her mothers house in Texas. I am from Brooklyn NY. I'm in the military stationed in SD. We currently live together have been for 3yrs. We have been faithful to each other. We are not divorced. We have 2 kid...

    Joseph’s Answer

    Since there are no restraining orders preventing a parent from moving out of state, a parent may move out of state until there is court intervention. Filing for divorce/legal separation in San Diego would create automatic temporary restraining orders preventing both parents from moving out of state with the children until the parents agree or a judge allows one parent to move with the children. Parents are allowed to move out of state when there are court orders, but they can't move out of state with the children unless the parents agree or a judge approves of it. Acting quickly to prevent such a move is a wise decision. Consider consulting with a family law attorney here on AVVO. If you can't afford a lawyer on a fully-retained basis, consider hiring a family law lawyer on a limited scope basis to address divorce with child custody and visitation issues.

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