Children and Divorce…A Legal Check List

by Robin Roshkind, Esquire, West Palm Beach, Florida

There are many issues in a divorce that has children involved, both the legal and the psychological.  I will address the legal issues today and the psychological issues in another writing.

Legal issues involving the children of divorcing parents include:

1.  Time sharing (or what used to be called “custody”).

2.  Health insurance (children MUST be covered in the State of Florida).

3.  Schools (private or public)

4. After school care or activities

5.  Relocation with minor children or geographic restrictions

6.  Child support

7.  The parents’ significant others

8.  The parents relationship with each other (shared parental responsibility)

9.  Uncovered medical/dental bills

10.  Housing must be clean and safe

11.   Pets

These are the issues that must be addressed in any marital settlement agreement or final judgment of divorce by trial if there are children involved.  For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com.

During Divorce, Do NOT Take Children Away…

by Robin Roshkind, Esquire, West Palm Beach, Florida

If you are in divorce proceedings in Palm Beach County, and wish to take your children away to visit family or on vacation for the holidays, or simply wish to relocate across state lines, do not take the children away, without the express  knowledge  of and written permission of the other parent, or if that is not obtainable, without a court order.

If you do, the other parent, reasonable or not,  can have legal cause to fight you for what is now called majority time sharing but what is, de facto, custody.

Unless you have sole decision making legally regarding your children, you must consult and consider the other parent or you become the wrongdoer with consequences.

For more information about this or other divorce topics in Palm Beach County, Florida, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.

Child Time Sharing And Splitting Up Siblings

By Robin Roshkind, Esquire, West Palm Beach, Florida

In Palm Beach County, when parents are separating and getting divorced, in a case where there are children, the Court does not really entertain what is in the best interests of the parents.  The focus remains on what is in the best interests of the children.  If a parent cannot serve the best interests of the children, then the other parent is given the greater amount of parental rights.

When it comes to time sharing, the court will consider the work schedules and residential location of the parents.  But more often than not, the Court will not split siblings unless there are unusual circumstances.  One such example of that may be if one of the children is an infant, and the other is a teenager.

Oftentimes teen age boys go to live with their father.  This can be by agreement of the parties, or if the Court finds it is in his best interests to do so.  Evidence and testimony is taken at trial and the trial judge makes this decision if the parents are unable to agree.  For more information about this  or other Palm Beach County divorce topics, call one of the lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com for more information.

Contract Law and Divorce Lawyers

By Robin Roshkind, Esquire, West Palm Beach, Florida

Many people don’t realize the amount of knowledge a divorce lawyer must have in order to effect  justice between the Husband and Wife in divorce court.

Often times, a divorce lawyer has to be well versed not only in FAMILY law, but also in TORT law, CRIMINAL law, and CONTRACT law.   Family law encompasses what is in the best interests of the child/ren, name changes, relocation matters, child support and time sharing between parents;  tort law comes into play when there is spousal abuse, physical injury, spread of disease between husband and wife; criminal law addresses stolen or damaged property of one spouse by another, violence, rape, battery and the like. 

But divorce lawyers also deal in contract law in terms of effectuating a valid, enforceable, marital settlement agreement between the parties,a division of assets and debts, future real estate arrangements, partnerships without the marriage factor.  Contracts can only be valid and enforceable if they are fairly negotiated, fully understood, and freely agreed to under controlled circumstances.   That is why in my practice, I go through a marital settlement agreement with my clients a page and paragraph at a time for an extra layer of protection.   In high asset or complex divorce matters I video tape the actual signing of these documents.   The other party always has the opportunity to challenge an agreement but the real issue is whether or not he/she will prevail.  I do everything possible to prevent a winning challenge to these contracts.

If you are thinking about getting divorced in Palm Beach County, Florida, or know someone who is, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com for more information.

Long Distance Divorce IS Possible

By Robin Roshkind, Esquire, West Palm Beach, Florida

In my practice, it is quite often that couples split before they file for divorce, and either the husband or the wife has moved out of the area for work, to help with family, or for another relationship.  This does not preclude the marriage from being terminated in Palm Beach County.

In fact, despite a move out of the county, the divorce should still take place here if the remaining spouse has lived in the county for more than 6 months prior to filing the divorce petition.

With technology being what it is, pleadings, retainer contracts, credit card authorizations, disclosure documents and the like can be relayed by email, phone and fax.  Hearings, mediations, depositions can all be accomplished long distance with Palm Beach County court approval.

So, yes, it IS possible to get a Palm Beach County divorce even though the husband or the wife has left the area.  If you are thinking about getting a divorce, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com for more information.

A Florida Resident Who Got Divorced Elsewhere…

By Robin Roshkind, Esquire, West Palm Beach, Florida

A mom and her children have relocated to the State of Florida from New York, after getting divorced in New York City last year.  Now she learns that her former husband has come into millions of dollars from an inheritence.  She wants more child support.  What should she do?

The first step is to domesticate that New York divorce decree in Florida making it a Florida decree.  She can do that because she is a Florida resident for more than 6 months and the children live here too.  After the Florida court approves the domestication of this foreign judgment, the next step would be to file a Petition for Modification of Child Support and Time Sharing.   She needs to adjust the time sharing for the Former Husband, because she now lives with the children far away.  He will have make up time sharing in the summer months. 

When a parent moves away, time sharing and child support usually have to be adjusted by virtue of agreement of the parties or by court order.  If you are moving with children to or from Palm Beach County, Florida, call for a discussion of your rights and options.  One of the divorce lawyers at ROBIN ROSHKIND, P.A. would be happy to assist, or click on the Firm’s web site at www.familylawwpb.com for more information.

Relocating Outside of the State of Florida With Your Children

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are many reasons a spouse or former spouse may want to relocate outside of the State of Florida with their children.  It could be to live closer to family members, to take a higher paying job, to lower living expenses, to get remarried, or to escape domestic violence, stalking and other criminal behavior.

If you are presently going through a divorce and wish to relocate with the minor children, you need to include this as part of your divorce petition.  You are asking the court to allow the move, or your spouse can give permission.  The burden of proof is on you to show that the move is in the best interests of the children.  Having met that, the burden switches to the remaining parent to show how the children will benefit by being left in Florida.

In Palm Beach County, if you are already divorced, you need to open a relocation case.  Prior to doing that, you have to discuss the move with your spouse and file a Notice of Intent to Relocate with Minor Child/ren.

Both parents need to attend mediation to see if they can agree on new time sharing arrangements if the move takes place.  With that comes a child support adjustment and travel arrangements.  If no agreement is reached, then the judge will decide the fate of your family.

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

Published in: on March 8, 2010 at 1:34 pm  Leave a Comment  
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