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Joseph Torri

Joseph Torri’s Answers

1,806 total


  • Me and my kids dad have custody of of our children

    I sign me and my kids up for cousenling do I need to let him know that I'm signing them up for it? Thanks in advance

    Joseph’s Answer

    It certainly sounds like you should let the father now about the counseling if you both have custody of the children. Since both of you have custody, you probably have joint legal custody. However, you should review the court orders to make sure that you don't have sole legal custody. If there is an emergency situation, a parent should take immediate action, and then let the other parent know. I am going to attach a link from the California Superior Court Website that I think will answer many questions that you may have in the future.
    http://www.courts.ca.gov/1193.htm

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  • I think I need a divorce attorney

    My sons wife has filed for divorce and wants 50/50 custody of their 3 year old. She filed for child support as well. If 50/50 custody I don't think he should have to pay child support. She makes twice what he does per month. And when she moved out...

    Joseph’s Answer

    If you are thinking that he needs a divorce attorney, it is definitely a good idea to retain one. An experienced family law attorney can go over why a particular custody schedule would or would not be appropriate. There are several factors to consider. The amount of time each parent spends with the child along with the income of each parent are huge factors. Once the attorney completes an analysis of the situation, you will be in a better position to understand what is going on. If the mom makes more money than your son, there's a possibility that she would owe him child support. Talk to a lawyer so your son doesn't get taken advantage of.

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  • Child custody case

    Can you use third party text messages or emails or even affidavits during a child custody case in California ?

    Joseph’s Answer

    Text messages that are relevant are admissible. Litigants should know how to lay the proper foundational requirements to overcome hearsay and other objections.

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  • Can I ask for child support modification if ex boyfriends income increases

    My exboyfriend had an income increase and was ordered by court to give me 30% of any increase but he is not

    Joseph’s Answer

    After discussing the issue with a family law attorney, you may need to file a request for order to address these issues. The increase of one's income is generally a good reason to get back into court to file for modification. Find out from a family law attorney if this is the right course of action to take.

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  • Family law issues

    I just recently was in court bc I have legal and physical custody of my daughter. The mother hasn't seen our daughter since Nov 2013. She can only see her through monitored visitations. I insist she get a court appointed monitor. She wants her mo...

    Joseph’s Answer

    You should consult with a family law attorney that handles appeals. Appealing the court could be challenging if a party did not present sufficient evidence to support one's position. Parties should make proper objections for issues to be valid on appeal. You should also consider if your daughter needs therapy, and whether testimony from a therapist is needed. These are issues that you should discuss with a family law attorney that can guide your case on appeal and/or moving forward in family law court.

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  • I filed for divorced in San Diego, county. Judge awarded spousal support which my ex spouse never paid.

    At my divorce trial I was awarded half my ex pension and several other amounts. He has failed to give me anything. I do get half his pension now, but this man owes me over $150,000.00. I have been told that he now lives in the state of Texas. I'm...

    Joseph’s Answer

    Although your ex spouse lives in another state, you are still able to pursue your legal options for collecting on what is due. It certainly sounds like there is a significant amount of money that is due. Since he owes you a lot of money, you should consult with a family law attorney for assistance with collecting what's due. You should ask for attorney's fees from your ex spouse since he appears to be in violation of court orders.

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  • Can the age of a child and the age of supervising adults be a factor for concern in a child custody case?

    My ex listed his father of 78 years old as an approved driver for our 3 month old son. This is of great concern for me, will the court take this into consideration?

    Joseph’s Answer

    Simply being a certain age won't justify preventing a person from being a supervisor. However, age coupled with specific facts that could be causing harm, etc. could give rise to a legitimate claim. Your great concern would need to stated with specific facts for the court to consider your issues.

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  • How can I request a change in custody when I live in another state?

    My daughter lives with her mother in California and I live in Texas. For the last few years I have struggled to work out reasonable custody arrangements with my Ex-wife who refuses to co-parent. She has been unemployed since 2010, she was convicte...

    Joseph’s Answer

    Parents that want to modify custody orders should file a request for order (probably in Victorville if that's where the orders are) to modify custody and visitation. There could be a material change of circumstances justifying a request to move-away/relocate the child, but you should consult with a child custody attorney for a through consultation, because there is a lot to consider. You may need the assistance of a family law attorney to represent you in California. There are many factors to consider. Consider calling a family law attorney for a consultation.

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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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