Rocky Mountain Law - Family Law - Divorce - Probate - Estate Administration - Bankruptcy - Chapter 7

  What is a joint custody agreement? Tim Cella used to work at several law firms I’ve used this term a lot over the last 2 decades. I used to think it was a court order, but it’s not. A joint custody agreement is an agreement between two parents who have joint legal responsibility for a minor child. Sometimes this agreement is in writing and sometimes it is oral. The agreement outlines the rights and responsibilities of each parent in regards to the care and well-being of the child. This includes items such as visitation schedules, decision making authority, and how conflicts will be resolved. The agreement also typically outlines how disputes will be mediated if they arise. Joint custody agreements are typically formalized in court and are legally binding once the court signs a custody order. They are often reached through negotiation between the two parents, with the help of an attorney or mediator. The agreement can be modified as needed over time, with the court’s approval. The pri

  What are the legal requirements for keeping someone in custody? Tim Cella used to work at several law firms This answer is based on US law and what I’ve seen over the last 10+ years. It’s my understanding that a law enforcement officer must have  probable cause  to believe that an individual has committed a crime or otherwise poses a threat to public safety in order to lawfully detain them. The officer must then have the individual brought before a court or magistrate where a judge may issue an order to remand the individual into custody. In addition to the legal requirement of probable cause, the detention must also meet constitutional standards laid out in the Fourth Amendment, which prohibits unreasonable searches and seizures. In order for an individual to remain in custody, the court must also determine that their detention is necessary to protect the public from potential harm or to ensure their appearance at trial. This determination is typically made during a hearing where th

  Do lawyers always insist on going to court? Tim Cella Former Paralegal at  Ascent Law  (2018–2021) Depends on the lawyer. In my experience the answer is a flat out No. Lawyers do not always insist on going to court. In fact, it is often in the best interests of the client to avoid  litigation , or to settle a dispute out of court. When a dispute arises, lawyers use a variety of strategies to resolve the dispute without going to court. These strategies may involve negotiation and mediation. Negotiation involves working with the other party to reach a mutually acceptable agreement, while mediation involves having a neutral third-party assist the parties in reaching an agreement. In some cases, the legal process itself offers  alternative dispute resolution  mechanisms, such as arbitration or summary judgment. These options provide a less costly, less time-consuming alternative to going to court. Additionally, many lawyers have experience with alternative dispute resolution mechanisms,

  Is there any way to find out what a lawsuit settlement was when the parties involved signed a non-disclosure agreement? Tim Cella Former Paralegal at  Ascent Law  (2018–2021) Maybe. It depends. It’s not likely unless you are a party to the lawsuit. Let me explain. Under a non-disclosure agreement (NDA), the parties to a lawsuit settlement are legally bound to keep the details of the settlement confidential and not to disclose any information relating to the settlement to third parties. This means that, in most circumstances, the details of the settlement will not be publicly available. However, in some cases, the terms of the NDA may not prevent the parties from making the settlement amount public. For example, the parties may agree that the amount of the settlement will be disclosed to the public or to a specific group of individuals. It is also possible that the settlement is part of a class action lawsuit, in which case the settlement amount may be made public as part of the court

  What are the overlaps and differences between real estate law and tax law? Tim Cella Real estate broker and used to work at several law firms I think there is substantial overlap.  Real estate law  and  tax law  are two distinct legal specialties that intersect in many ways. Real estate law generally involves the acquisition, conveyance, and development of real property, while tax law involves the assessment and collection of taxes. At their core, both areas of law involve tax-related considerations. Real estate law, for instance, involves the purchase and sale of real property, which comes with various taxes, such as transfer taxes, income taxes, and property taxes. Tax law, on the other hand, involves the assessment and collection of taxes, such as income taxes, estate taxes, and capital gains taxes. Both areas of law also involve other aspects of taxation, such as tax avoidance and tax planning. The differences between the two are largely a matter of focus. Real estate law is prim