Child Time Sharing And Splitting Up Siblings

Hot Topics in Divorce Blog

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…

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If you were the divorce court judge…

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By Robin Roshkind, Esquire, West Palm Beach, Florida

You’ve filed and served divorce papers to your spouse.  You’ve exchanged mandatory discovery documents for financial disclosure.  You’ve been to mediation with your lawyer, your spouse and your spouse’ lawyer and no agreement was reached.  Now it’s time to go to court.

If you were the judge, how would your rule?  You have to put yourself in the chair of the judge and think about it.  It is almost an out of body experience.

The judge sits there day in day out listening to lawyers argue the same thing: need and ability to pay for an award of alimony;  what is in the best interests of the child for living arrangements and time sharing; bickering attorneys trying to get advance attorneys fees to prepare for trial; deposition testimony, witness testimony, charts, graphs, accounting.  Judges have lots of discretion in the courtroom and…

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A Speedy Trial In Divorce Court?

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by Robin Roshkind, Esquire, West Palm Beach, Florida

Getting divorced is a process, and the wheels of justice turn ever so slowly.  That is the answer to the question of a speedy trial in divorce court:  it is highly unlikely.  Here’s why:

1.  The first reason is that all divorcing couples in Palm Beach County must provide a financial affidavit backed up with documents called mandatory disclosure.  This includes things like pay stubs, tax returns, bank account statements, bills, and lots of other paper proof, including appraisals, mortgages, car loan documents and the list goes on and on.  These things take time to gather and there are mandatory deadlines along with extensions for good cause.  Often times you can’t rush those deadlines.

2.   Along with discovery of documents, comes depositions.  Each side has the opportunity to take the deposition of the other party, their witnesses and expert witnesses like the CPA, appraiser or the…

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