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Will my attorney tell me if divorce collaboration isn't working?

Columbus, OH |

I have been at this process for six months. My spouse is very aggressive at home, and has
mental health issues. I keep telling the "team" about my concerns, but its been six months and the social worker has yet to call my daughters therapist, who she has had for years.
Meanwhile, my husband is telling my kids that he has 50 % custody, which is not at all what I am thinking. I have been at home with the kids for 15 years and he is mostly at work. now all the sudden he isn't interested in being a husband but is using the kids, it feels, as bait.
its awful
. meanwhile the team has my husband out of the house without a parenting plan. what a nightmare. he kept the girls, didn't answer his phone, and had their phones run out of minutes and would hang up on me if I called.

Attorney Answers 3


  1. Bring your concerns to your attorney. That's why you are paying him/her. If the collaboration is not in your interest, then you and your attorney should think about another plan.

    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.


  2. You should direct your specific concerns to the attorney who you have hired. If the situation is not working, then there are steps that he or she may be able to take to modify the situation. If your husband is obligated to communicate with you and is refusing to do so, this fact may help you in determining parenting rights, as one of the factors that judges consider in determining custody is whether one side or the other fails to encourage communication or facilitate communication and a relationship with the children. Your attorney will only know if there are problems if you tell your attorney about them.

    You can reach Martin D. Koop at (419) 447-2521 or martinkoop@martinkoop.com. Martin Koop is an attorney licensed to practice in the State of Ohio. Answering your questions does not create an attorney-client relationship between anybody and Martin D. Koop. You should speak with an attorney to whom you have provided all the facts in your case, before you take any actions or make any choices that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have formally hired me. I wish you the best of luck with your legal matter.


  3. If you signed a participation agreement in collaborative divorce, the attorney you have now can't work with you if a divorce or other action is required in Court. Check your agreement to be sure but if the process isn't working for you, end it and go get a lawyer to file for divorce on your behalf.

    I hope that this information is helpful to you. If so, please mark it as "helpful" or "best answer." The information provided here is general in nature and is not to be considered legal advice. No attorney-client relationship is intended nor created. As an Ohio attorney not licensed in any other jurisdiction, any information provided here is solely based on Ohio law and general legal principles. The information provided here should not be put into practice without specifically consulting an attorney in your jurisdiction. Do not proceed without first discussing this matter with your own local attorney.

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