“Custody” is now called “time sharing” under the law in Florida

by Robin Roshkind, Esquire, West Palm Beach, Florida

It used to be called “custody”.  It used to imply rightful possession of a child.  It used to cause the other parent to be the “visiting” parent, or the “non custodial parent” who gets to “visit” with the child/ren.  You can begin to see how this terminology used to cause undue fighting and voluminous litigation between parents.

The Florida legislature, in all their wisdom, finally changed the law several years ago.  But bad habits die hard and sometimes I have clients revert back to the old language of the law.  Like “primary residential parent”.

Last week in court, an opposing party called the child “my” child.  The judge was quick to correct him by stating it is “a child of both of you.  You, mister, do not own a child.”  Public policy in Florida warrants that a child has a right to a relationship with both a mother and a father.  That is why the custody language was changed.

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 http://www.familylawwpb.com for more information.

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Liars, and Cheaters and Fraud…Oh My!

by Robin Roshkind, Esquire, West Palm Beach, Florida

I once heard a divorce court judge address a courtroom full of lawyers, husbands and wives, court reporters and spectators, and what he said will never leave my memory…he said something to the effect that, this is divorce court.. everyone is lying.

Appraisers can place valuations of heirlooms to real estate to benefit the party who hires them…accountants can make the numbers say anything they want to…lawyers can interpret statutes and case law from their ownone sided  perspectives…financial affidavits of husbands and wives generally and regretably leave something off the asset column.  One can conclude divorce court is not an exact science.

So how do you reconcile the difficulties of litigation?  The first and best answer is to stay out of court.  At least in settlement talks the parties can determine their own destinies, like it or not.  The next best step is zealous advocacy.  Hire professionals who really on are your side and are dedicated to doing the best job possible for you.  This includes the accountant, the lawyer, the appraiser, the shrink, and private eye and anyone else you need to rely upon for zealous advocacy.

Lastly, you must not have personality conflicts involved in your case.  If you are not comfortable with your “team” do something about it before it is too late.  You can always change attorneys, CPAs, shrinks, etc.

For more information about this or other hot 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 for more information.

How Do I Answer Deposition Questions?

By Robin Roshkind, Esquire, West Palm Beach, Florida

You are involved in a full fledged divorce litigation case.  Opposing counsel wants to take your deposition to find out just about everything.  He/she can pretty much ask you anything, whether relevant to the case or not.  Depositions are basically fishing expeditions for information that might lead to more information.

Some of the topics you will be asked about include the children, your ability to co parent, time sharing, your finances, your lifestyle, who you are dating, what you are spending, where you last vacationed, what you are driving, what you did with your expensive rolex, and just about anything else.  Here is some advice in answering these sometimes touchy questions:

1.  Remember that the judge is not present at this depo.  You don’t have to convince anyone about anything.

2.  Have an agreeable demeanor.  If you don’t, it looks like you’ve got something to hide.

3.  Don’t have diareha of the mounth.  Keep your answers short and to the point.

4.   Watch your body language, especially if the deposition is being video taped.

5.  Don’t fidget, wring your hands, tug your hair, chew gum or wriggle.

6.  Answer truthfully.

7.  If all else fails, your answers should be “yes”, “no”, or “I don’t recall”.

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 http://www.familylawwpb.com.

How Do I Answer Deposition Questions?

By Robin Roshkind, Esquire, West Palm Beach, Florida

You are involved in a full fledged divorce litigation case.  Opposing counsel wants to take your deposition to find out just about everything.  He/she can pretty much ask you anything, whether relevant to the case or not.  Depositions are basically fishing expeditions for information that might lead to more information.

Some of the topics you will be asked about include the children, your ability to co parent, time sharing, your finances, your lifestyle, who you are dating, what you are spending, where you last vacationed, what you are driving, what you did with your expensive rolex, and just about anything else.  Here is some advice in answering these sometimes touchy questions:

1.  Remember that the judge is not present at this depo.  You don’t have to convince anyone about anything.

2.  Have an agreeable demeanor.  If you don’t, it looks like you’ve got something to hide.

3.  Don’t have diareha of the mounth.  Keep your answers short and to the point.

4.   Watch your body language, especially if the deposition is being video taped.

5.  Don’t fidget, wring your hands, tug your hair, chew gum or wriggle.

6.  Answer truthfully.

7.  If all else fails, your answers should be “yes”, “no”, or “I don’t recall”.

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.

Sex With Your Ex?

By Robin Roshkind, Esquire, West Palm Beach, Florida

The shrinks always tell us that what attracted the two of you to each other in the first place, is the very thing you can’t stand about each other at the end of the marriage…EXCEPT SEX.  Sometimes couples fall back into the sex trap, causing conflicting feelings, derailing divorce proceedings that should be progressing, and mixing up the kids.

Sex with your ex is an all around bad idea.  It has been used as a power play, or ploy is a better word, to gain advantage in divorce court.  It has been used as a convenience, a familiar site, or worse, for abuse and control upon the other person.

If you are thinking about having sex with your ex while in divorce proceedings, seek professional help through  marriage counseling or psychotherapy.  Or if your spouse or former spouse “just makes it happen” in the lust of the moment, at least be aware that you are being used.  Stay away from denial.  Remember the sun will shine again tomorrow.  For more information about this or other hot 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 www.familylawwpb.com for more information.