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Questions about the Collaborative Law Process

What is collaborative law?

Collaborative law (also called collaborative practice, divorce, or family law) is a legal process enabling couples who have decided to separate or end their marriage to work with their lawyers and, on occasion, other family professionals in order to avoid the uncertain outcome of court. It allows them to achieve a settlement that best meets the specific needs of both parties and their children without the underlying threat of a contested litigation. Below are five of the top questions about collaborative law that have been answered by Family Lawyers on JustAnswer.

In California under a collaborative law agreement what rights does the 15 year old child have when deciding where he/she wants to stay?

A 15 year old is still considered a minor and has no legal right to decide on where to stay. In California, the law states that the child follows the orders of what the court has written. If the child fails to go by what the court says then the legal parent could be fined or even sent to jail. However, the parent is able to go to court and see if the judge will with the child’s wishes. In most cases, the court's decision is based on what it deems to be in the best interest of the child.

When a couple separates and one moves out and they change their mind does he/she have the right to move back into the home that was owned together?

In most cases, you would have the right to move back in at any given time, since the home was owned by both parties as long as there is no disturbance. There could be exceptions to this if your spouse got a court order on grounds of fear of physical harm or some other legal provision. If you are in a domestic situation and need your collaborative law questions answered, you could bring your questions to Family Lawyers on JustAnswer.

During the process of a divorce if you starts to seek anger management could the other use it against you in custody of a child?

In most cases, the other person could use it against you in court, and cite possible safety concerns for the child. Since the court normally considers the best interest of the child in deciding custody, it could influence the decision on where the child lives.

In San Francisco Bay Area where could someone find a local attorney for collaborative law?

Here is a website in which may help you find a local attorney to help you:
San Mateo County Bar Association: http://www.smcba.org/

Collaborative law is a new way to resolve disputes by removing the issues that are not agreed upon and keeping them out of the court room setting. Collaborative law uses the 'troubleshooting' and 'problem solving' methods instead of fighting it out in court for legal dispute resolution. If you feel that you may need collaborative law help, but are not sure whether your legal matter would qualify for resolution through collaborative law, you could ask a Family Lawyer on JustAnswer for an Expert assessment of your situation.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9283
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
characters left:
7 Family Lawyers are Online Now

How JustAnswer Works:

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    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
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    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Family Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 8085
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
LawTalk
Attorney and Counselor at Law
Satisfied Customers: 6424
27+ years legal experience. I remain current in Family Law through regular continuing education.
FiveStarLaw
Lawyer
Satisfied Customers: 6336
25 years of experience helping people like you.

Recent Collaborative Law Questions

  • Can I sue a mediator for malpractice if he started having sex

    Can I sue a mediator for malpractice if he started having sex with my ex wife in the middle of mediation and moved in with her, then did everything he could to deny me 50/50 custody of my kids
  • I have son with autism. Child services in the county are

    I have son with autism. Child services in the county are providing services through a Personal Care Services company like 32 hours a week of Personal care attendant helping my son. As a parent I was told by the services company that I am onsite(our home)
    coordinator managing their time sheets and additional training. I received a phone call from the Personal care services company that one of the personal care attendant working at my home has made a complaint (some sort of serious allegatios on me as dad: assuming
    sexual harassment from the way they explained over the phone) and they cannot provide any services and will report to child services department in the county. We had issues with Personal Care attendant in the past and she mentioned about leaving us as she
    found a new job. Looks like she kept some sort of past grudge and complained on us just before leaving and starting her new job today. She has been working with my son from past four months. We had other PCA's that we never have problem with and how do I protect
    my family from this accusation. I was serious on her when several issues happened about when she did not treat my son properly in last four months. PCA company did not even ask me for explanation or listen to my version. They just said we cannot provide you
    any more services and called all the PCA's to cancel the service and not to attend my son. Are they not supposed to listen to me? Should I contact child services now or I should wait to hear back from them ? Will I face any problem for my sons services? Should
    I contact my son's social worker and update him of this situation or wait for him to call me? Assuming that we being accused based on what I am hearing. Can they take away the services without proving/witness of what the PCA(she) has claimed as the services
    company said they are investigating? From what I have explained do we become third party(client) in this scenario. What are our liabilities in this scenario and how can we protect ourselves. This program from county is known as PCA choice which means I hire
    the PCA’s with skills that can help my son with autism and they will fill the applications with services company (Vendor to the county to provide payroll services and act as employer) . Some of the PCA’s were working for me before getting these services and
    now they are calling me to say if they can continue work for me. Can I rehire them personally when the PCA services company has said they cannot work for us as they are their employees?
  • I have a issue with my court order. I am in the DC courts system.

    I have a issue with my court order. I am in the DC courts system. My question is this my weekend to keep my three year old son. My weekend consist of Friday after school to Tuesday morning. My issue is this is my year for Thanksgiving with my son. This consist from Thanksgiving eve at six o clock to Sunday at noon. My question is, do I have to bring him back to his mother on Sunday or do I keep him until Tuesday morning because it just happened that Thanksgiving fell on my weekend.
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