Custody Battles…who gets the kids?

By Robin Roshkind, Esquire, West Palm Beach, Florida

My client is a good parent…the opposing spouse is a good parent.   A divorce is forthcoming.  What is a judge to do about the children?

 The law in the State of Florida dictates that the judge does whatever, in his or her opinion, is in the best interests of the child based upon evidence and testimony at trial.  Another alternative is by agreement of the parties which becomes an agreed order.   BUT it can get complicated.  As in the case of Michael Jackson’s children, natural parents are not always in the best interests of the child.

The PRESUMPTION is that a natural parent will give the best care, but that is not always the case, again like the Michael Jackson custody battle.  Oftentimes my clients are the PARENTS of a mother or father where the other spouse can’t be found or  is unfit.  In this type of situation, the grandparents can become guardians of the child until the the one parent becomes rehabilitated and fit again or the other parent resurfaces. 

In cases where there are two unfit parents, the court will look to relatives of the child, or foster care.  In cases that are more clear, where one parent is fit and the other is unfit, the natural fit parent will get  sole custody, until such time as the other parent becomes rehabilitated and fit again.

Custody of children carries with it much responsibility.  It is the job of the judge to make sure the children are properly taken care of by appropriate adults.

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.

The amicable divorce…

By Robin Roshkind, Esquire, West Palm Beach, Florida

The ugliest divorce involves hidden assets, custody battles, addictions, violence, dissipation of marital assets, extra marital affairs and the emotions of revenge, jealousy, and hate.   Sometimes even mental illness is involved.  Ugly divorces are taken to court and cost a fortune in attorneys fees.

Unlike the ugliest divorce, the amicable divorce involves agreement to agree by both the husband and the wife.  Often times they have lived separate and apart for years.  The marital “stuff” has already been divided and the children are well taken care of by both parents in a cooperative manner.   Amicable divorces are quicker, cheaper, and healthier for the family.

Where you have one spouse who wants to be amicable, and the other spouse is stubborn and obnoxious, amicable divorces are all but impossible.   Believe it or not, the amount of assets may determine whether the divorce is amicable or litigious.  Generally speaking, the more “stuff” there is to fight over, the more the spouses fight. 

To determine whether your case is going to be amicable or ugly, seek the advice of counsel if you are not too sure.  Be careful who the opposing attorney is, as well.  Remember, some  litigators really like to litigate.

For more information about this or other divorce topics, call on 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.

Custody, Child Support and other Children’s Issues in Divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Many issues in divorce situations can be settled by the husband and wife, who agree to split assets and debts of the marriage.  But one issue that almost never settles, and therefore, has to be litigated, is CUSTODY.  The question becomes, “Where are the children going to live?” ”Which parent is going to have day to day responsibility for the children?”  What about parenting styles?  If there are two good parents, this becomes a very difficult question.  In other cases, where one of the parents is an alcoholic, drug addict, neglects the children, or otherwise is an inferior parent for mental health reasons, or whatever, these cases are clearer.  But in cases where there are two decent parents fighting for custody of the children, it is the job of the judge to decide where the best interests of the children best lie.   Custody, as a term of art, is being replaced in new laws using the term “parental time sharing” or “parenting plan”.  However, the children must live somewhere, and that is usually where the custodial parent resides, for all intents and purposes.

Aside from custody, child support is paid to that custodial parent by the other parent. The amount is statutory, calculated in Florida by using the combined monthly incomes of the husband and the wife.  Florida Statute Chapter 61.30 is for your reference, the child support statute. Lawyers have special softward to determine the amount of child support in a case, taking into consideration all other deductions.

Speaking of deductions, here are the other issues in a divorce case involving children.  Who gets the head of household tax deduction yearly?  Who takes the dependency exemptions on their tax returns?  Which parent gets the child care tax credit?  Which parent covers the children’s health insurance for a credit?  What about uncovered medical expenses for the children?  Who pays for private school or sleepaway summer camp?  What about other activties like tennis lessons or piano lessons?  What happens if one parent wants to move far away?  What if the “custodial parent” wants to move away WITH the children?

If the husband and wife cannot agree to these ongoing concerns of the children, then the judge will decide the family’s future.  For more information about children’s issues in divorce, call the law firm of Robin Roshkind, P.A. for a consultation with one of our attorneys at 561-835-9091.  Or view the web site at www.familylawwpb.com.