The Legal Technicalities of Fighting for Custody.

By Robin Roshkind, Esquire, West Palm Beach, Florida

The law on children and custody battles in the State of Florida is the best interests of the child.  What exactly does that mean when you have to present your case to the judge?

It might mean getting your child a lawyer of his/her own.  Or a guardian ad litem, a friend of the child, to testify in the courtroom for the child.  Or having a psychologist testify as an expert witness as to what is in the best interest of the child of this marriage.  Or bringing in the teachers, coaches, or school principal into court as witnesses.

Depositions and transcripts of “good mommy” or “good daddy” witnesses may be taken.  Is there always food in the house?  Do  you let your children play with these children?  Are there sleep overs and trips to the zoo?  Do these children exhibit unacceptable behavior?  There are a million questions and answers to determine which parent is the “better” parent.

To alleviate some of the litigation, the courts have taken on “time sharing” to replace “custody”.  But some parents are just unfit.  Abandonment, neglect, abuse, criminal behavior, drug use, partying til all hours, drunk driving, are just some of the issues that testimony and evidence cover in determining the best interests of the child in court.

For more information about this or other divorce topics, call one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

If you were the divorce court judge…

By Robin Roshkind, Esquire, West Palm Beach, Florida

You’ve filed and served divorce papers to your spouse.  You’ve exchanged mandatory discovery documents for financial disclosure.  You’ve been to mediation with your lawyer, your spouse and your spouse’ lawyer and no agreement was reached.  Now it’s time to go to court.

If you were the judge, how would your rule?  You have to put yourself in the chair of the judge and think about it.  It is almost an out of body experience.

The judge sits there day in day out listening to lawyers argue the same thing: need and ability to pay for an award of alimony;  what is in the best interests of the child for living arrangements and time sharing; bickering attorneys trying to get advance attorneys fees to prepare for trial; deposition testimony, witness testimony, charts, graphs, accounting.  Judges have lots of discretion in the courtroom and impressions count.  So does clarity, brevity, honesty, and candor. 

That is where the skill of your lawyer shines through.  He or she controls the flow of information to the judge one step at a time.  He or she sets the mood and timing of the testimony.  He or she tells the story, the where, who and why.  He or she asks the court for relief and provides backup evidence that is admissible. 

If you think you can do a trial by yourself, think again about what the judge requires and what skills set the lawyer has to get to the point.  For more information consult with one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

Court room behavior can influence your case!

By Robin Roshkind, Esquire, West Palm Beach, Florida

How you handle yourself in the court room, your demeanor, behavior, can and will most definitely influence the outcome of your case.  Why?  Because judges are human.  And they see divorce cases all day long day in day out.

So here are some tips for dealing with the divorce case in the court room:

1.  Stay calm,  and in control no matter what.

2. Don’t make faces, grunt, take deep breaths, sigh, stand up if you are sitting, pound on the desk or witness stand, or make any obscene gestures, even if provoked.

3.  Don’t fidget, twirl hair, play with keys, tap your foot, pen, bite your nails or put on lipstick.  You need to be paying attention to what is happening and you don’t want to appear nervous.

4.  Do not have any outbursts, no anger, no temper tantrums, no crying.

5.  Your lawyer will give you a pad and pen.  If you must communicate with him or her, do so in writing.  Whispering is distracting and your lawyer needs to hear what is being said.

6.  Do not look at your spouse or opposing counsel.  It is safer that way to be on your best behavior and not be provoked.

7.  Show some respect for the judge  by wearing proper attire.  No shorts, jeans, cut offs, etc. 

If you need advice, please call one of the lawyers at the Firm at 561-835-9091 or click on the ROBIN ROSHKIND, P.A. web site at www.familylawwpb.com.

What is contempt of court?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Court orders are based upon the judge’s findings of fact and applying the law to those facts.  Or they can be by agreement of the parties. 

Court orders are meant to be obeyed, followed and enforced.  If something is in the court order, and your former spouse or current partner is not following the directives of the judge, then you have several options:  1) do nothing  2) bring the wrongdoer into court by means of enforcement or contempt of court. 

If you are the wrongdoer and simply cannot perform, depending upon your excuse and rationale, you may be given a warning, a purge provision or a slap on the knuckles.  Or you may go to jail, have your driver’s license revoked, or need to pay up within 24 hours. 

Here is an example of contempt of court:  Contempt of court for non payment of child support is where you have the wherewithall to pay, but you are willfully witholding the funds…out of spite, being a control freak, or for any number of reasons.  You will have to provide finanicial data at a contempt hearing, and if, for example, you went out to buy a Rolls Royce and then claim you do not have money for your child support, that will not fly with the judge.  You will be found in contempt and suffer the consequences.

However, where non payment is truly because of some hardship such as losing your job, then you will not be found in contempt.  To avoid the possibility, if you have a substantial change of circumstances which prevents you from performing under the court order, the best thing to do it to MODIFY the court order so contempt will not be an issue. 

For more information about enforcement of court orders, and contempt hearings, or modifications of court orders,  call one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s website at www.familylawwpb.com.

Why is going to trial so expensive?

By Robin Roshkind, Esquire, West Palm Beach, Florida

The divorce petition is filed with the court and the spouse is served.  The spouse has 20 calendar days to file and answer and a counter petition for dissolution of marriage.  Over the next month or so, mandatory disclosure is produced by both husband and wife.  This may include the following: pay stubs, tax returns, credit card receipts, bank statements, stock portfolios, deeds, titles, and any other evidence of income, assets or debts of the marriage or separate property of the parties.  Armed with all this paper, this “discovery”, both spouses and their lawyers attend mediation in an attempt to settle the divorce case and any disputed issues between the parties.  If a settlement occurs, the marital settlement agreement becomes part of a court order, the final divorce decree.

Should mediation not result in a partial or global marital settlement, the next step involves divorce litigation. Going to divorce court means taking the case to the judge so he or she can decide what is going to be for the future of the family.   A temporary relief hearing is set, which essentially is a mini trial.  The court order resulting from a temporary relief hearing sets forth the terms of the separation on a temporary basis pending the divorce proceedings.  Now the fun begins.

Issues such as a valuation of a business formed during the marriage can complicate the divorce.  Issues involving the employability of a stay at home spouse can complicate the divorce.  Issues regarding an unfit parent and who is to have custody can complicate a divorce.  Issues about relocation with children out of the state can complicate a divorce.  Hidden monies offshore can complicate a divorce. Money spent on paramours can complicate a divorce.  What is marital property versus what is non marital property can complicate a divorce.  Drugs and alcohol use along with domestic violence and general health issues can complicate a divorce.  Appraisals of jewelry and property can complicate a divorce.

Along with these divorce complications, come the expert witnesses to testify on behalf of each of their clients.  These include child psychologists, marriage counselors, forensic CPAs, appraisers, real estate agents, good mommy or good daddy friends, doctors, relatives.  Sometimes all these witnesses need to be deposed prior to trial.  And paid for their time and expertise.  Or testimony at trial.  Documents that can fill libraries are generated as evidence.  Each exhibit has to be marked for admissibility into evidence.  And your divorce lawyer has to know what is on every piece of paper and where to find it in the boxes and boxes of documents.

Trial preparation, from the point of strategizing the case, to obtaining necessary information and organizing the file, to speaking in the courtroom is time consuming, stressful, and very expensive.  The more complex issues there are in dispute between the spouses, the more expensive the trial will be.  By way of example, a straightforward half day trial can cost between $15,000 – $20,000 to prepare.  At Robin Roshkind, P.A., the lawyers always attempt settlement prior to switching gears toward litigation.   For more information, visit the web site of Robin Roshkind, P.A. Divorce Lawyers at www.familylawwpb.com or call for a consultation with one of the Firm’s experienced divorce lawyers at 561-835-9091.

Why divorce litigation when you can mediate?

By Robin Roshkind, Esquire – West Palm Beach, Florida

With gas prices up and housing prices down, many couples are thinking twice about leaving the marriage even though they are living as mere sexless, unhappy roommates.  Husbands and wives may be miserable, but they think they cannot afford to get a divorce.  Think again.

In my law firm in West Palm Beach, Florida, Robin Roshkind, P.A., one of our experienced family law attorneys, Catherine Eaton, is a Florida Supreme Court Certified Mediator.  She has received special training and can be retained by both parties to conduct a mediation, whereby a marital settlement can be reached.   In this way, couples can avoid the high costs of litigation and lawyers fees.   

As a Mediator, Attorney Eaton must be neutral.  She cannot represent the best interests of one party at the expense of the other, as she would do in a litigated divorce.  But she is trained to assist parties who agree to stay out of court.  She can recite the law for the benefit of both the husband and the wife; she can discuss the effects divorce has upon children; she can advise as to procedure in obtaining the actual divorce.  By mediating a divorce, instead of litigating, the divorcing couple can cut down the time, the stress level, and the expense of getting a divorce. 

For additional information, please call my law firm, Robin Roshkind, P.A., for a consultation (561-835-9091) or visit the firm’s website at www.familylawwpb.com.