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Joseph Torri
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Joseph Torri’s Answers

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  • If I can provide a printed document signed by my daughter's mother absolving me of having to pay her child support will it work

    My daughter's mother wants me to sign over my rights seeing as how we do not get along but I don't want to do that AND be stuck paying support. I need to know if that document will protect me in the event she tries to change her mind at a later date

    Joseph’s Answer

    The document will not protect you. You would be stuck paying child support, and not have a good custody order. You state you don't want to do it, and that sounds like a good idea. Your daughter needs you in her life, too. Try to spend as much quality time with your daughter, and the child support calculation will come naturally. You may want to hire a family lawyer on a limited scope basis to deal with issues as they come up.

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  • I live in Arkansas, do I have to be in California to file custody papers/go to court?

    My kids are in California. I've only been in Arkansas two months but I want to bring my kids out here. I know I have to file custody in California but is there a way that I don't have to actually be in court in California?

    Joseph’s Answer

    You can have a service file the request for order paperwork with the court while you stay in Arkansas since anyone can virtually file documents. Most lawyers can file by fax. Since this is a move away case, consider hiring a family law attorney. At least see if you can find an attorney on a limited scope basis, but that's not the best scenario for move away cases. There may be a court date that you can have an attorney show up to while you're on court-call, but it is highly recommended that you appear in person for many reasons.

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  • My ex has sole legal and physical custody and will not allow me to help our son with homework during my weekend parenting time

    Well basically my question is if that's something she can do legally now since she has sole custody or do I still have any rights to be apart of his school work and activities like homework? And if I'm not allowed to do that then would I be able t...

    Joseph’s Answer

    Having sole legal and physical custody can be restrictive against the other parent's parental abilities. However, it seems very strange that the mother will not let you help the child with homework during your custodial weekends. One would think it's a positive thing to help a child with homework since that is what good parents do. Finding out how the other parent obtained sole legal and physical custody is an interesting point. You need a consultation to determine whether you can modify/change the custodial orders. More information is required to be able to provide better answers.

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  • How can I get an order changed in Family Law because I was not served? How can I petition the court to change this order?

    He lied and said I was served and now I have a judgement in Family Law to pay child support and he now has sole custody. This judgment is affecting me because I cannot pay 1250 and I only make 2600. I cannot pay this amount and live and I want ...

    Joseph’s Answer

    Filing to set aside the judgment or filing to modify/change the orders would be the next step in the process. The court will probably frown upon the shady behavior because it does happen. You should regularly check the calendar for your case after these tactics in case he tries something like this again. There are unethical people who will lie and say you got served. The self help center can get you in the right direction. However, consider at least hiring a family law attorney on a limited scope basis.

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  • Case of ambiguity?

    What does it mean if an attorney is trying to say the orders are ambiguous only because a judge didn't sign them? Isn't that a serious grasp for straws? I can prove the other party knew and understood the order and has deliberately disobeyed said ...

    Joseph’s Answer

    The minute order can be the order if the judge orders that. There could be a grasp for straws, but it's possible the order was not technically finalized by the court. I have seen judges tell litigants who didn't prepare the order after hearing that orders can't be enforced until there's a memorialized order. Perhaps the court did not sign this document and it may be a technicality. Look into finalizing the order after hearing.

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  • Custody Agreement

    Hi, My ex and i have been in and out of court regarding custody of our daughter. Finally, we are in agreement about our parent plan custody and visitation arrangement. Id like to know if forms fl-355 and fl-341 are the proper forms to fill and f...

    Joseph’s Answer

    Those are the proper forms per your agreement. If you haven't had a consultation with a family law attorney, consider having a consult.

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  • Will I have to pay child support for pursuing full custody?

    I have a joint custody agreement. I live with my 9-year-old daughter full time. She goes to see her mom in GA during summer. A DV incident happened in GA while my daughter was there and now I'm having trouble getting her back. Once she is back, I'...

    Joseph’s Answer

    Based on the percentage of time each parent spends with the child and the income of each parent, it's possible you would pay some child support. However, the Child Support Calculator would provide guidance on the issue as to whom would pay, if anything. There's a possibility of imputing income to the mother, but there are steps to take and it may not be meritorious. Also, it sounds like you have primary custody already, but the order may state the custody differently, such as joint physical. It sounds like you would like to modify the existing order to primary custody. Having specific orders could alleviate any of the problems you are facing now. More facts are required to analyze that situation.

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  • Can a Father go to court and get full custody of children while mother is serving time in prison?

    Mother is in prison for a non-violent crime, a couple months before the mother gets out the father of their children decided he wants to go to court to get full custody of their children so that he won't have to pay child support when she gets out...

    Joseph’s Answer

    The father can go to court, and even possibly on an ex parte emergency basis. However, a family law attorney would need to evaluate the entire case and facts before making recommendations. Also, it's possible he would prevail, but there is probably a change in circumstances when the mother gets out of jail to modify custody. There is so much to evaluate here, and it's best to obtain a family law consult.

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  • I filed custody papers but now trying to work things out with my child's father. what happens if neither party shows to court?

    I filed custody paper for my son but now I'm having second thoughts about going through with it and putting my kid in the hands of the court. What happens if I decided to get back together with his dad? What happens if neither of us show up to cou...

    Joseph’s Answer

    The court would take the matter off calendar if neither parent shows up to court. If you got back with the father, there wouldn't necessarily be a need for custody and child support orders. Also, if you are concerned about putting your child in the hands of the court, you can work out your own agreement/stipulation with the dad and make that a court order. Thus, a judge wouldn't be controlling your outcome, but the judge could enforce your agreement that's filed with the court.

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  • How much does a family attorney cost on average?

    The father of my daughter is suing me for joint legal custody and visitation. He has hired an attorney. On average how much am I looking to spend?

    Joseph’s Answer

    Since each case is uniquely tied to the facts involved, attorney fees can range. If a case involves complex child custody issues, the fees will be significantly higher since multiple court appearances are likely and there is preparation time. Based on the complexity of a case, a family law attorney may represent a client on a limited scope basis instead of being fully retained. The prospective client should really have a consultation with a few family law attorneys. Most initial consultations are free. Also, it is common for the other parent to ask for joint legal custody. Depending on the issues involved, joint legal custody may be a reasonable position to take. Since there are no facts posted in this fact pattern, it's difficult to determine whether joint legal custody would be in the best interest of the child. Once you have a legal consultation, you may learn that you can work out an agreement. If you can't work out an agreement, litigation would be the next step.

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