Who Is The “Better” Parent In Divorce Court?

by Robin Roshkind, Esquire, West Palm Beach, Florida

I just had a case where the ex husband, after divorce, continued at his mid management level job, and the ex wife remarried a wealthy man.   The ex wife is now able to  lavish gifts upon the parties minor children.  The ex husband,  is not as financially well off as the former wife.  Who do you think the minor children gravitate to?

The courts do NOT recognize the wealthier parent as necessarily the “better” parent.  When it comes to time sharing with minor children, the best interests of the child controls the judge’s decision.  Issues such as who spends quality time with the kids, who takes them to after school lessons, who helps with homework, who takes them to the doctor, who is more involved in school activities…those are the things the judge considers in determining which parent better serves the needs of the children…  Not the amount of clothes a parent can buy or the price or quantity of gifts a parent can buy.

Regarding living arrangements, it is not the bigger house that “wins”, as long as the children have a clean, safe and decent place to live in the eyes of the judge.

While parents are never equal in their parenting skills, time alotted to children, or money available to them, a judge has to consider all factors in determining where the best interests of the children are found.  It is to that parent that the judge will grant majority time sharing and adjust the child support amount accordingly.

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.

What Is Temporary Relief In Divorce Actions In Florida?

by Robin Roshkind, Esquire, West Palm Beach, Florida

Temporary relief can be obtained by agreement of the parties that is reduced to a court order, or by a mini trial before the judge in Palm Beach County Family Court.  The issues to be decided in temporary relief are primarily support and time sharing with children.  Support includes temporary alimony and child support, especially if a spouse has cut you off.   Division of assets and debts is not generally a temporary relief issue unless marital assets need to be partially distributed to pay the attorneys.

Temporary relief is a mini trial that occurs AFTER a mediation in an attempt to settle the issues of temporary support and time sharing.  Child support, alimony, time sharing and attorneys fees are the main temporary relief issues.  Other temporary relief issues can include who pays for which household bills, credit cards,  and medical expenses and insurance during the divorce proceedings.

Temporary relief hearings may include the testimony of the parties and CPAs who testify as to the need of one spouse for temporary relief and the ability to pay by the other spouse.  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.

All I Want For Christmas Is A Divorce!

by Robin Roshkind, Esquire, West Palm Beach, Florida

It is on many couples’ wish list.  But several couples are afraid to admit it.  The marriage is over.  That’s harsh!  Especially during the holidays.  We don’t want to spoil it for the kids, the family, ourselves, etc.

But when the holidays are over, the left overs eaten, the tree out with the garbage, and decorations put away and the undesireable gifts returned, what do you have left but a broken marriage and being attached to someone you cannot stand.

Do something about it in the New Year.  Take a proactive role in your future.

For more information about divorce and divorce topics, procedures, laws 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.

Misconceptions About Divorce

By Robin Roshkind, Esquire, West Palm Beach, Florida

I often get asked questions from clients that seem so elementary to me that sometimes I feel like a therapist.  But I get these same questions over and over again, so I thought I should address them for the benefit of those who need the advice:

1.  Is divorce going to devastate my family?  It doesn’t have to.  If you and your spouse are adult enough to put children first, you will realize you will be co parenting for a long time and do what you think is in the best interests of the children.  The problem is that often the two opinions don’t jive but rather conflict.  When that happens, there is mediation or therapy.

2.  Do I have to list every penny I spend and earn on my financial affidavit?  No, as long as you estimate closely to what the real figure is.   This is not an exercise in balancing your checkbook.

3.  Will my spouse follow a court order?  He/she should, but if he/she doesn’t, you have legal recourse.

4.  Will my case settle?  In my practice 75% of our divorce cases do settle.  As for a particular case, who knows?  We certainly advocate for amicable settlement, but sometimes that is just not possible.

5.  Will I have to leave the family business?  If you are divorcing, yet working in a family business, it is highly likely that you will be foreclosed from continuing in that position if the family is on your spouse’ side.

6.  Will my lifestyle suffer as a result of the divorce?  It depends.  Some people prosper without their spouse dragging them down financially or emotionally.   Others face problems on their own that they never had before as part of a married couple.

7.   Who gets the dog?  This is an interesting one.  Pets are viewed under the law as chattel or things, no different than a living room sofa.  However, pets carry the emotions of their owners as if they are children.  I have done cases where the former spouses exercise time sharing.  Also I usually try to have the pet go where the children go at the time.

8.  Can I date and have sex?  Of course.  Florida is a no fault state.  Just be sure the children aren’t harmed in some way from your behavior.

There are hundreds of these types of questions.  If you have one, pick up the phone and call 561 835 9091 to arrange for a consultation with me on your specific case.  Or click on the Firm’s web site at www.familylawwpb.com.

What Is A Social Evaluation And How Is It Used In Divorce Cases?

By Robin Roshkind, Esquire, West Palm Beach, Florida

A social evaluation is a home study conducted by a court appointed social worker to visit you in the home to see how you and the children live and relate to each other.   It is court ordered upon motion, usually filed in custody battles, where one parent wants sole custody and for the other parent, supervised time sharing and no decision making.

Social workers will visit each parent’s home with the children and write a report for the judge based upon observations, knowledge of the physical residence, interviews and expertise in such matters.  The social evaluator will make recommendations to the court as to what is in the best interests of the children.

The judge will rely upon this report. Opposing counsel will have an opportunity at the trial to cross examine.  And the best interests of the child/ren will be determined by court order.  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.famlylawwpb.com for more information.

Shared Parental Responsibility vs. Sole Parental Responsibility…what are the reasons?

By Robin Roshkind, Esquire, West Palm Beach, Florida

In family law in the state of Florida, there is a presumption that parents should equally share in the major decisions concerning the upbringing of their children.  This Florida statute is called “shared parental responsibility”.  But there are reasons for SOLE parental responsibility, that is where the court orders that only the “better parent” make major decisions regarding the upbringing of a child.  The court will do what is in the best interests of the child/ren.

Here is a check list of why courts might order SOLE parental responsibility in the best interests of the child/ren:

1.  If one of the parents has a serious mental illness.

2.  If one of the parents is far superior parent.

3.  If one of the parents is neglectful, totally irresponsible, abusive, or simply has no interest in the child/ren.

4.  If one of the parents is a sexual predator, child molester, or otherwise a pervert.

5.  If one of the parents is totally unfit to be a parent.

6.  If one of the parents is incapacitated.

Parents are expected to administer medicine properly, pick up and drop off children at school timely, monitor children so they stay out of harm’s way, feed and clothe them properly, care about them, pay attention to them, help with their homework, participate in their lives.  If a parent will not or cannot perform as a parent should, the other parent should litigate for SOLE PARENTAL RESPONSIBILITY in the best interests of the child/ren.

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.

How Do I Get Sole Decision Making Of My Kids?

By Robin Roshkind, Esquire, West Palm Beach, Florida

In Palm Beach County divorce court, there is a presumption that both parents have equal rights to their children.  That means that unless and until a parent is proven to be incapable, both parents have equal say in major decisions regarding the upbringing of their kids.

This is called in legalese “shared parental responsibility”.  There is even a Florida statute about it.   But in many cases I see in my family law practice, shared parental decision making is not in the best interests of the children.

Where this is the case, I take the matter to court.  The job of the judge is to protect children.  If one parent is a far superior parent, and I can prove it is in the best interests of the children for the court to order SOLE PARENTAL RESPONSIBILITY, then I go for it.

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.

If You’re In Abusive Relationship, Get Out Now

By Robin Roshkind, Esquire, West Palm Beach, Florida

Although I am a divorce lawyer in Palm Beach County, Florida, I often think I could have been a therapist.  In dealing with legal issues of divorce matters, I often counsel my clients to help them to feel better about their decision , because divorce is not easy under the best of circumstances.

If you think you are being abused in your marriage, your recourse is 1) to get counseling to fix the problem, or 2) get out before the situation escalates.  Here are some tips to determine whether or not you should file for divorce immediately:

1.  If your spouse isolates you from friends and family.

2.  If your spouse is verbally demeaning, puts you down in front of people (even your children),  ridicules you, constantly critisizes at every turn, you can never do anything right,  bullies you, or purposely embarrases you.

3.  If your spouse blames everyone (mostly you) for all of his/her bad fortune.  It’s never his/her fault.

4.  If your spouse is jealous of you, what you do, who you are with, your time away from him/her.

5.  If you have a parent/child or master/servant relationship and you are the child or servant, you are being abused.

6.  If your spouse threatens you with leaving, hurting you or your children, cutting you off financially, or uses fear to control you, time to flee.

7.  If your spouse is an addict of any kind, i.e. illegal or prescription drugs, alcoholic, sex, shopping, gambling, internet surfing, or any other addiction, it is at YOUR expense emotionally.

8.  If you catch your spouse cheating on you or spying on you.

9.  Of course physical violence is the holy grail of abusers.  Get out while you still can before anyone gets hurt.

For more information about 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.