Divorce, Kids and Christmas

By Robin Roshkind, Esquire, West Palm Beach, Florida

Divorce is complex enough when there are children invloved, but it can get very stressful around holiday time.  Chances are this is the first time a divorcing couple truly has to share the kids.  There is only one Christmas Eve and one Christmas Day.  The obvious dispute is who gets what time sharing.

This becomes especially challenging when parents live far apart from each other or in different states.  The logistics get in the way.  Also, it may e too early in the divorce proceedings for there to be a court order.

The best way to handle holiday time sharing is by agreement of the parties.  If that is not possible even on a temporary basis, then court intervention will be necessary.   Remember, if an agreement is possible to somehow split the holidays, put it in writing and have booth you and your spouse sign.  For more information a bout this or other divorce topics call one of the divorce lawyers at 561 835 9091 or click on the firm’s web site at http://www.familylaw.com for more information.

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Long Distance Divorce IS Possible

By Robin Roshkind, Esquire, West Palm Beach, Florida

In my practice, it is quite often that couples split before they file for divorce, and either the husband or the wife has moved out of the area for work, to help with family, or for another relationship.  This does not preclude the marriage from being terminated in Palm Beach County.

In fact, despite a move out of the county, the divorce should still take place here if the remaining spouse has lived in the county for more than 6 months prior to filing the divorce petition.

With technology being what it is, pleadings, retainer contracts, credit card authorizations, disclosure documents and the like can be relayed by email, phone and fax.  Hearings, mediations, depositions can all be accomplished long distance with Palm Beach County court approval.

So, yes, it IS possible to get a Palm Beach County divorce even though the husband or the wife has left the area.  If you are thinking about getting a divorce, 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.

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.

What Is A Parenting Plan?

By Robin Roshkind, Esquire, West Palm Beach, Florida

In divorce court, the job of the judge is to protect the children.  One of the ways is to get the parents to agree on a course of action whereby they both will have a fulfilling relationship with their children.  The court has devised a parenting plan template which takes into consideration the time sharing of each parent, by agreement.  Judges do not like to micro manage people’s lives, so if they can agree to a time sharing arrangement on their own, judges prefer that.

A time sharing plan takes into consideration the work schedules of the parents, the school schedules of the children, the after care programs, sports programs, and other activities of the children.  It also puts forth a workable schedule for holidays such as which parent gets to spend Christmas eve with the kids, who gets to spend Christmas Day…who get Thanksgiving Day this year, who next year…what to do on the child’s birthday, and so on.

Parenting plans are very specific as to time for pick up and drop off and locations.  This works especially well where the parents do not live closeby to each other.  It even can regulate expenses for children’s travel on air planes.  Parenting plans become court orders and are usually accompanied by default schedules put forth by the court.  Both are enforceable by a judge to protect the child’s relationship with both parents. 

If you are thinking about getting divorced in Palm Beach County, 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 www.familylawwpb.com for more information.

Sharing Children On Special Dates

By Robin Roshkind, Esquire, West Palm Beach, Florida

I often get a divorcing parent crying on the phone due to the time sharing arrangement.  How do you cut a child in half on his/her birthday?  How do you share Christmas Day with a child of divorce? 

Mother’s Day and Father’s Day or a parent’s birthday are clearer.  Obviously and Mother gets Mother’s Day and the father gets Father’s Day.  But I have known some spiteful divorced parents who interfere when it is clearly wrong It is the child/ren who suffers.  Less obvious is the child’s birthday and things like Thanksgiving Day, Christmas Eve, Christmas Day, Halloween, July 4th and other holidays that may be important to a parent.

The Palm Beach County Courts now have a parenting plan where parents can decide and agree  in advance as to important time sharing dates.   Some times families split the day with one taking Christmas Eve and the other taking Christmas Day, or Thanksgiving Day one parent takes the early afternoon and the other takes the evening. 

This gets extremely complicated where parents live far apart.  Usually they alternate years.  In even years, Dad has Thanksgiving Holiday, and in odd years Mom has Thanksgiving Holiday, and so on.  If the parents cannot agree, the judge will decide what is in the best interests of the child.

If you are getting divorced in Palm Beach County and need assistance, 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.

Can You Do A Long Distance Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

The answser is yes.  To file for divorce in Palm Beach County, Florida, either you or your spouse has to be a Florida resident for more than 6 months just prior to filing.  If you still own property in Palm Beach County, or still have a Florida driver’s license, you could get divorced in Palm Beach County.

I have done many divorces of clients who now live in other states.  Fasx machines and email comes in very handy for communicating, provided documents for signatures and sending and receiving information.  The Firm even takes credit card payments by telephone. 

As far as court hearings go, we file motions to allow “telephone appearances” at court hearings.  Mediation and negotiation conferences can be done by telephone as well.  Clients may need to fly in for depositions, or the lawyers can come to you for per diem fees. 

So if you are going through a divorce in Palm Beach County, but live out of state, please call ROBIN ROSHKIND, P.A. at 561-835-9091 for long distance assistance.  You can reach one of the divorce lawyers for a telephone consultation or click on the Firm’s web site at www.familylawwpb.com for more information.