Meddling In Laws and Your Divorce

Meddling In Laws and Your Divorce.

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Marital Settlement Agreements Are “Special” Contracts

by Robin Roshkind, Esquire, West Palm Beach, Florida

When you are going through the divorce process in Palm Beach County, Florida, you will have to go to mediation, prior to going to trial in the courtroom.  This is court  mandated, and gives a divorcing couple a formal way to settle out their differences by themselves, instead of having the judge dictate how the family will live from final judgment forward.

Marital settlements agreements become part of final judgments of divorce.  They are based upon both the husband and the wife fully disclosing all finances, separate and marital property, legal obligations and debt.  They equitably divide marital assets and debts, setting aside separate property, they provide for spousal support or alimony, and also set forth guidelines to follow for any children of the marriage.

That can include child support, time sharing, vacation time, grandparents rights, shared parental responsibility, health insurance, doctors visits travel and just about anything else.

After full disclosure and negotiations, if the parties can agree, they will sign a marital settlement agreement, freely, with full knowledge of their rights and obligations and with intent to be bound.  Marital settlement agreements are enforceable by the court as is any court order. For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, PA at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.

During Divorce, Do NOT Take Children Away…

by Robin Roshkind, Esquire, West Palm Beach, Florida

If you are in divorce proceedings in Palm Beach County, and wish to take your children away to visit family or on vacation for the holidays, or simply wish to relocate across state lines, do not take the children away, without the express  knowledge  of and written permission of the other parent, or if that is not obtainable, without a court order.

If you do, the other parent, reasonable or not,  can have legal cause to fight you for what is now called majority time sharing but what is, de facto, custody.

Unless you have sole decision making legally regarding your children, you must consult and consider the other parent or you become the wrongdoer with consequences.

For more information about this or other divorce topics in Palm Beach County, Florida, 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.

Children Often Caught In Middle Of Divorce

by Robin Roshkind, Esquire, West Palm Beach, Florida

Often when parents are divorcing, their children get caught in the middle.  They are used as pawns to negotiate settlements, they are used as messengers of bad news, they are used as meal tickets.  They are abused.

As a divorce lawyer who handles many, many cases involving children, these are the most difficult to navigate and settle.  Even where it is clear that one parent is by far the “better parent”, it is a hard case to settle and usually has to go to court.

Litigation is costly for all involved…it is also time consuming and tears at your emotions.   Add to that, the fact of extended families and half siblings, and the matter gets complex.  Add to that grandparents who wish to be helpful, but have no rights under the law.

If you are thinking about a divorce and have minor children at home, consult with 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.

If You Are Divorcing With Children …Many Issues to Consider

By Robin Roshkind, Esquire, West Palm Beach, Florida

Divorce is tragic enough because it is the result of a failed marriage where two people once saw a future together.  But when there are children involved, it makes divorce much more difficult.  Adjustments to family life and single life are harder.  There are more issues to consider.  Emotions run high.

Below is a check list of things to consider if you are divorcing with children in the picture:

1.  Finances and child support…household budgets.

2.  Time sharing allocations to Husband and Wife.

3.  Logistics as to time sharing with reference to travel expenses, children’s clothes, air fares, gas, long car rides, a safe car; who will pick up, who will drop off, when and where.

4.  Health of the child: prescription medications, food alergies, sports injuries, emergency care.   Following directions to administer medicine as needed. 

5.  Health insurance for children must be provided by the parent most able to do so.

6.  Education of the children…where will they go to school; private or public school and religious training.

7.  Extracurricular activities of the children…who will pay for uniforms, equipment, and travel.

8.   Unfit parent issues like drug abuse, alcoholism, irresponsibility.

9.  Parental alienation issues where one parent disparages the other causing the children to react negatively to that parent.

10.  Outside relationships and children…kids going through a divorce should not be exposed to a boyfriend or girlfriend of a parent too soon in the process, as it confuses children and causes feelings of disloyalty to parents and guilt.

This list could go on and on.  Sometimes if children are having difficulty adjusting, they need to seek counseling.  One parent may approve, and the other may not, in which case you need court intervention.   With so much to consider when there are children and divorcing parents, it is best to seek the advice of your divorce lawyer, because each case is different…each family’s needs are different.

If you are thinking about divorcing in Palm Beach County and you have children, 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.

Divorce and Grandparents Rights

By Robin Roshkind, Esquire, West Palm Beach, Florida

When couples get divorced there is often custody of children involved.  However, grandparents worry about the parent who is not their child allowing them to see their grandchildren.  Worry they should.  Because there are no outright laws that grant rights to grandparents, other than through the parents of the grandchild.  In other words, if a grandparent wishes to see a grandchild, the grandparent must have permission from one or both of the parents of the grandchild.

There are exceptions to this law in special circumstances wehre one of both of the parents are unfit, dead, in jail, in rehab, or otherwise unable to serve the best interests of the child.  Then and only then can grandparents petition the court for temporary custody, or guardianship over the child and his/her property.  If a court finds that BOTH parents of the child cannot serve the best interests of the child, then the grandparents can get a court order for temporary arrangements.  This includes decision making for education, health, and other major decisions that have to be made daily in the upbringing of minor children. 

For more information about divorce and grandparents in Palm Beach County, Florida, call one of the divorce lawyers at ROBIN ROSHKIND, PA at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com for more information.