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Joseph Torri
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Joseph Torri’s Answers

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  • In move away custody, does the court consider sets of children from different fathers in it's ruling?

    My ex is trying to relocate my kids 150 miles away. We have 50/50 custody and a court order stating she cannot move out of county without my permission or an order. She is pregnant with twins from a new boyfriend. There is no necessity to move - ...

    Joseph’s Answer

    Move-away/Relocation cases are very difficult on parents since one parent wants to move away or relocate with the child or children. You should really consider retaining a family law attorney for representation. The court/judge has wide discretion in these cases. Going over the specifics simply can't be completed on an online posting, but attorneys can provide some general information that is far from a complete analysis. You may want to start with doing an online search for the following two cases: Marriage of La Musga and Marriage of Burgess. These cases will give you an idea of what to expect. The interest of the children with their stability and continuity with the custody orders; the distance of the move; how old the children are and their relationship with the parents; ... reasons for the move, etc.

    The court will focus on the children's interest. You may want to do an internet search of California Family Code Section 3011 in making determinations of the best interest of the child ...

    Definitely consider retaining a lawyer or at least paying for an in-office consultation. You definitely want to present your issues to the court appropriately, and make sure the process is orderly for the judge.

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  • Spousal support question

    What should I do, if I can't afford an attorney, and I am not getting paid court ordered spousal support? My husband moved to WA and said he wouldn't pay me a dime. He's ordered to pay child support and spousal support.

    Joseph’s Answer

    You should seek a wage assignment, and the department of child support services should provide assistance. If you feel like you need immediate assistance, feel free to contact the court's self-help center for assistance with the forms. You may also want to contact legal aid to see if they will represent you. Your ex may have to pay attorney's fees and costs, especially if there are Family Code Section 271 sanctions for violation of court orders.

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  • Can I win full custody of my child if his father is having him miss so much school?

    We split up when my son was just a few months. Since then his father refused to have him on weekends and only has him 2 days out of the week. Mondays and Tuesdays. Since my son started pre k and is now going to first grade, hes missed so much scho...

    Joseph’s Answer

    You may need to file a request for order to modify child custody and visitation. Communication between parents is key, but sometimes communication fails. Judges must decide these issues when parents can't agree on things. Some parents are difficult to deal with, while others cooperate and co-parent. The court will look to do what is in the child's best interest.

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  • How does trying to get joint Custody work? How can i get child support?

    Im taking my sons father to court, because he has my son miss so much school. Since we split up hes refused to get my son on weekends and only has him 2 days out of the week, but my son is never in school or gets any homework done on the days he h...

    Joseph’s Answer

    Filing a request for order with the family law court is the mechanism to bring the issue before a judge. It sounds like you would file to modify child custody, visitation and child support. You should seek legal counsel for representation, and you should ask the family law attorney whether the father may have to pay for your attorney's fees or whether there is a chance that you could receive a portion of the fees paid for. Parents that fail to deliver their children to school on time or at all can certainly face modification of custody and visitation due to their action or inaction. You can certainly make the request for the father not to have the child on school nights. The judge will have to analyze the facts, and determine whether he/she should grant your request. Education is very important, and I have seen changes modify custody/visitation based on a parent's lack of getting the child to school, etc. Each case is unique, and you should definitely consult with a family law attorney.

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  • After a child custody hearing the judge asked for the moving party to do somthing.

    I recently had court and because I filed she asked me to do something but the other party's attorney right away said she would do it but I didn't understand what. It has been two weeks and I haven't received anything in the mail. I went to the c...

    Joseph’s Answer

    It sounds like the attorney stated she would prepare the findings and orders after hearing. These findings and orders after hearing memorialize what occurred in court and become court orders. Simply calling opposing counsel to find out on the status of the paperwork would be a prudent step. If nothing is getting completed very soon, you may want to prepare the paperwork since these are orders of the court that need to be memorialized. This is most likely what the attorney stated she would do. You can take a look at the court's minute order to see what the court ordered. The minute orders aid in the preparation of the findings and orders after hearing.

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  • Can i get custody changed back?

    the custody of my daughter is completely joint legal and physical custody. She resides with each of us throughout the week and on alternating weekends. The custody up until march 10th was that she resided with her father from friday until sunday. ...

    Joseph’s Answer

    This sounds like an issue with the head start program, and a court might address your concerns about this particular issue if you filed a request for order to enroll the child. Modifying custody completely back to where you may have primary custody, etc. would be quite challenging. If there are other concerns, an exhaustive consultation with a family law attorney would be wise to address child custody issues with modification.

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  • If in the divorce decree a former spouse was ordered to moveout of the house by a certain date & hasn't complied, what can I do?

    We've had discussions about his moving and I've allowed him more time to get his finances together, but no actual date. He's paid a fair amount towards the mortgage and utilities, but I've grown frustrated with him being there. I want to move on ...

    Joseph’s Answer

    • Selected as best answer

    I agree with the answers my colleagues gave. You will need to go through the eviction process and get this over with. Think positively and stay strong! Divorce can be a difficult process when the other side is difficult. The sooner you take action, the sooner you'll be able to move on.

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  • Can I get full 100% custody of my children without knowing the whereabouts of the other parent.

    In 2011 the court ordered my children to live with me and have the non custodial parent have supervised visits once a week. However after a few months the noncustodial parent has stopped showing up. In 2012 when we went to court again to finalize ...

    Joseph’s Answer

    If the court didn't order sole legal and physical custody to you at the prior court date, you may need to file a request for order to modify child custody and visitation. You should consult with a family law attorney to review your case.

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  • What should I expect during an initial child custody court hearing and in Child Custody Recommending Counseling (CCRC)?

    My ex has requested 50/50 custody plus court-mandated visitation. We have never been married. I have many concerns with his ability to provide a safe environment for our child due to his mental illnesses. I have complied a few notes to bring with ...

    Joseph’s Answer

    Paperwork should be filed with the court in a timely manner. Delays in filing can result in continuances. Filing declarations, etc is very important since the court needs to know what is going on. Analyzing the case is very difficult when the court and parties don't have copies that are filed and served. You may need to ask for a continuance, but depending on the issues, a continuance may not be granted. You should seek legal advice from a family law attorney.

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  • Does my daughters father have to pay child support if we have joint custody and im on public assistance?

    we have joint physical custody of our daughter of which i am receiving public assistance. He just got married this week and his wife is the person with all of the income of which he has none. is her income still considered his?

    Joseph’s Answer

    The child support attorneys will find a way to address this situation. The new wife's income should go on his income and expense declaration. This is a complex area of child custody law, and you should discuss the particulars with the attorney from the Department of Child Support Services.

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