By Robin Roshkind, Esquire, West Palm Beach, Florida
Husbands and wives (and children, too) have certain protected rights in divorce matters. For example, children have the right to a relationship with both parents unless a relationship is detrimental to the child in some way (physical abuse for example). Both parents can fight for major timesharing with children. Husbands and wives have the right to investigate if substantial marital monies are being dissipated or wasted by the other party. The point is that there are many rights that are protected under family law.
The issue is not to confuse RIGHTS with prevailing at trial. For example, a party may have the right to litigate an issue, but that does not mean that he/she will win on that point.
Bringing a disputed issue before the judge is a right. Whether or not you will win, is another matter. A win will be determined by the evidence presented, and the testimony. It is important to keep in mind that judges in family court use their discretion and subjective opinions and impressions of the parties, along with the application of family law. So if you find you are going to trial, it is best to be represented by counsel.
For more information about your rights in divorce court, 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.