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Joseph Torri
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Joseph Torri’s Answers

1,822 total


  • What are the consequences for the custodial parent when they did not bring the child as ordered by court.

    Child visitation

    Joseph’s Answer

    There are consequences when parents fail to obey court orders ranging from being in contempt of court to modifying child custody and visitation orders. There are not enough facts to provide a complete analysis of the situation listed here. If the other parent was ten minutes late, there won't be any consequences. If the other parent is alienating the child from you and there are facts, etc., child custody and visitation orders may be modified.

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  • How long after my divorce in Massachusetts can I remarry in California as a Californian resident?

    I am a Californian resident, divorced my ex-wife in MA, how long after the divorce before I can remarry in California?

    Joseph’s Answer

    The Massachusetts divorce needs to be finalized. Divorced couples should have a judgment from the court from which they got their divorce. Having that judgment will be key in allowing a party to remarry legally. If you had a lawyer in Massachusetts, ask the lawyer if there is a judgment and whether you can remarry.

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  • How can we help him file for divorce? Will divorce take a long time for him ?

    My uncle was in prison for 16 years and finally out and he got married with someone 5 years ago with someone women he meet and he has never lived with this women .. we have no clue he address or where she is living now ..

    Joseph’s Answer

    If the uncle can't have the opposing party served, he will ultimately need to serve her by publishing the service of process. There will be some technical steps to overcome, but I recommend going to the court's self-help center if he can't afford an attorney. Most folks find the court does not operate quickly. If a mistake is made with the paperwork, it will definitely take even longer because the paperwork will need to be corrected.

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  • If I file for separation before marriage duration of 10 years (9 years and 2 months ), how alimony payments are affected?

    Im married for 9 years and 2 months. I know that it is better to wait until 10 years in order to qualify for permanent spousal support. How alimony will be affected if I file for separation now and then file for divorce after 10 years mark? I'm a...

    Joseph’s Answer

    Since the date of marriage to the date of separation are the key dates in a dissolution, filing for legal separation prior to the ten-year mark will negatively affect the lower earning spouse. Marriages of long duration in California are for a period of ten years.

    I copy and pasted the California Family Code Section here:
    4336. (a) Except on written agreement of the parties to the
    contrary or a court order terminating spousal support, the court
    retains jurisdiction indefinitely in a proceeding for dissolution of
    marriage or for legal separation of the parties where the marriage is
    of long duration.
    (b) For the purpose of retaining jurisdiction, there is a
    presumption affecting the burden of producing evidence that a
    marriage of 10 years or more, from the date of marriage to the date
    of separation, is a marriage of long duration. ....

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  • Do I still need to pay child support even if I have no income? Can someone become exempt from paying?

    My ex husband has our two boys in Peru. He moved there to make it hard from me to see my kids, in fact he only brings one of them for visits once a year and refuses to bring the other. He's trying to take me to court for child support and I've exp...

    Joseph’s Answer

    Although there are situations where the court can impute income to a parent who is not earning income, the court may not make you pay child support based on the limited facts provided in the post. The court might have some concern about not working for two years, but since you state the situation is complicated, that will need to be flushed out with Child Support Services and the court.

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  • How and when should I introduce text messages during my hearing/mediation?

    My hearing regarding my request for modification to existing orders is coming up. I have a series of text messages from my ex which highlight her blatant opposition to the co-parenting process despite the court order indicating we attend co-paren...

    Joseph’s Answer

    Although clerks can be very helpful, there are situations when certain clerks error especially since they are not lawyers. Filing and serving your exhibits as soon as possible is required, and you may not be able to introduce them if they are not filed and served on the opposing party. Consider hiring a lawyer even if it is on a limited scope basis.

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  • Can my husband file parental kidnapping charges if I take our son to live with me to my new apartment in the same city?

    Im married for 9 years. Did not file for divorce or separation yet. Rented an apartment, and ready to move out. Can I take our son to my new apartment to live with me without causing parental kidnapping charges? Our son is 8 years old. Can I move...

    Joseph’s Answer

    Being local would be extremely difficult for the husband to file kidnapping charges. This is one of the difficult decisions that needs to be made when a spouse feels like moving out is necessary. The less impact to the child for moving purposes is in the child's best interest. Filing for dissolution/divorce with a request for order (RFO) as soon as possible is a good first step. Providing the address, etc. to the husband is a wise decision. If the husband calls the police, there are no court orders for the police to enforce. Clients encounter this situation all the time when there are no court orders. There is a period of waiting until a request for order court date establishing child custody and visitation orders can be made, and that is why parents should work out a parenting plan until the judge can make orders. Communicating a temporary child custody and visitation schedule to the husband in e-mail would be a good start. Think about what type of custody and visitation schedule would work best for everyone. Consulting with a family law attorney would be a wise decision especially at the early stages of a dissolution of marriage with child custody case.

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  • What is the likely outcome from the Judge for ruling on child custody? And which will the judge favor in terms of request?

    Father filed for SF family court modification to child custody for our daughter who is 5, and will attend kinder this fall, and we both attended mandatory family mediation, and his request was: joint physical with two weekday nights back to back a...

    Joseph’s Answer

    Hiring local counsel will help you understand how a judge in your jurisdiction might rule. Lawyers would need to know the circumstances of father's request for filing to modify child custody and visitation, and whether a substantial or material change of circumstances is required based off the last court order that was made. Many parents want sole custody without having a substantial basis for requesting it. Joint legal custody would allow both parents to check the child's academic schedule. Joint physical custody would allow both parents to alternate a weekend schedule. The distance issue may be an issue for visitation purposes. Since there are several issues that need to be addressed in greater detail, consider retaining a lawyer even if it is on a limited scope basis.

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  • Can I lose joint custody over this?

    I have joint custody of my 5 year old child. She lives with her mom and I get her every other weekend. I recently spent one night in jail due to loudly arguing with my partner. My daughter was in my home but she slept through the entire thing. She...

    Joseph’s Answer

    Based on the information that was provided, I doubt that you would lose joint custody over this issue. The mom may try to modify the custody orders, but I do not think she would prevail. She would certainly raise this issue in any future proceedings to modify child custody and visitation if new facts arise prompting her to take action. Although I don't think you will lose joint legal custody, being arrested while having the care, custody and control of your child is huge. Also, domestic violence/domestic related crimes are very serious in both family and dependency court. Dependency court is the court where social workers get involved, and they take domestic violence related issues seriously. If they ever got involved in a case, they could petition the County to take action in order to protect children. Be careful with future decisions that are made because dealing with modification of child custody issues is difficult. The police arrested you for a reason even though charges were dropped. If another situation arises where law enforcement is involved or the child is removed from your custody by someone with the authority to remove the child, you may lose custody until you complete a program, etc...

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  • How can I go about changing custody when there is no physical order from the courts only legal orders?

    My ex-husband and I are currently on a verbal week on week off custody agreement. I had to file divorce by default and the judge granted my request for 50/50 legal custody but did not provide an order on the physical custody portion of the default...

    Joseph’s Answer

    You most likely need to file a request for order to modify child custody and visitation. Having a family law attorney review the judgment would be a wise decision to determine whether a material change of circumstances has arisen to file for modification. Going over the reasons for seeking the modification are important. The simple answer is to file the request for order with the court seeking modification of child custody and visitation, but definitely consult with local counsel before filing with the court if you are able to do so.

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