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


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