Skip to main content
Joseph Torri
Avvo
Pro

Joseph Torri’s Answers

2,007 total


  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • my daughter called 911 my husband was arrested . My husband has no priors. what is the likelihood that he wil serve time

    My husband and I were arguing as a result it turned into a shoving match the cops were called and he was taking it I did not press charges against him but once the police are called it's up to the police to either arrest or not arrest

    Joseph’s Answer

    This is a very difficult question to answer since an attorney would need to completely analyze the case. Also, it depends whether a felony or a misdemeanor is charged. Although you do not want to press charges, the district attorney could still pursue charges. It's possible that he would have to complete a 52 week domestic violence course if he's convicted. He could also do jail time or get probation. If he hires a lawyer, the lawyer could help negotiate the case down or even potentially get the case dismissed if there are uncooperative witnesses, etc. He really should have his own representation to assist him through this process. I didn't read any facts about social services being involved. However, sometimes social workers get involved in cases of domestic violence and require the alleged victim to file for a restraining order against the alleged abuser to protect the child. I didn't read any facts indicating a social worker is involved, but be aware of this family law situation, too.

    See question 
  • Refusing to follow ER recommendation and putting the child at risk of appendicitis

    My got worse over the weekend, start throwing up, mom refuse me to take him to ER first time we called her but after 2nd 911 call she was told he needs to go to ER, I took to kaiser mom was notified at 9 pm she didn't come till 1:45am when she was...

    Joseph’s Answer

    If court is in two days, I doubt a judge will have time to read an updated declaration. However, you may still want to brief the judge in writing. Definitely testify to the facts in controversy. Be concise. You may want to consider hiring a limited scope family law attorney for assistance with this issue. You should call a family law attorney for a consultation. Most initial consultations are free.

    See question 
  • Can I change the locks on my sole proprietor business after divorce papers ahve been filed?

    My wife changed the locks on our home (in both our names) and now is entering my place of business (I am listed as sole proprietor) and removing files and tools without my knowledge or permission. I have asked her to return the files, documents a...

    Joseph’s Answer

    I agree with my colleagues. Also, since "someone" is cutting the power to the security system so as not to be recorded, etc., a business owner would have to action to protect the business. Therefore, taking action, such as changing the locks, etc., sounds like a reasonable approach to keep out intruders. Although I doubt you will obtain help from law enforcement, you may want to file a police report to obtain an incident number associated with these break-ins. Consult with a family law attorney, and hire an attorney for representation through this messy situation.

    See question 
  • Will I have a problem with child custody if I had a stroke?

    I had a stroke June 30 2016. 2 weeks before the stroke I found pics of some girl on his phone. 8 days after my stroke he moved out said we were working on our marriage while drinking and partying. I have not returned to work we decided to get a...

    Joseph’s Answer

    You shouldn't have a problem unless your medical condition truly is an obstacle to taking care of the child. In fact, you state that you have the child and he sees him two to three hours a day and does not go overnight. It certainly sounds like you are healthy enough to care for the child. If you can't afford to hire a fully-retained attorney, considering hiring a limited scope family law attorney.

    See question