Paternity Cases Are Easy To Prove With DNA

By Robin Roshkind, Esquire, West Palm Beach, Florida

Paternity cases are perhaps the most fun for a family law attorney because the male either is or isn’t the father of the child in question.  Thank goodness for DNA and the advanced DNA testing available to everyone today.

A DNA test is a simple as a cheek swab.  Both the “father” and the baby are tested and the results either match or they don’t. 

If they match, the father has parental rights as well as parental obligations, i.e. child support.  If they match, the mother can’t move with baby out of town unless the father gives permission or the court allows it.  Mommy also has to provide time sharing for daddy.  Relocation cases are a bit more difficult than paternity cases because the burden is steep on the one who wishes to relocate with baby.  The standard is best interests of the child.

With so many couples living together without wed lock, I have seen a huge increase in paternity cases in my practice.  If you are not sure who the daddy is, call us to help.  For more information call one of the family law attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com for more information.

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What’s In A Name???

By Robin Roshkind, Esquire, West Palm Beach, Florida

What is in a name?  Oftentimes clients ask me if they should change their names in the divorce proceedings.  Again the answer is IT DEPENDS…on what?

If your husband is famous, he may insist you drop his name.  This happens with husbands who are captains of industry, celebrities, local politicians, public figures.  If they are going to remarry, or they simply want to be the community’s newest bachelor, husbands may require/request a wife to change her name.  This may be insulting, but the good news is there is money to be made here.  A husband cannot force a wife to change her name.  If he insists, he has to pay the price.

Another situation is where there are minor children…a wife may NOT want to change her name because it is the same last name as the children’s.   In cases where you simply do not like the name, now is the chance to change it.  You can have your former name restored.  If you do not do this as part of the divorce, it will cost you later.  In Palm Beach County, you will have to file a new case, a petition for name change, and the burden of proof is higher…you will have to testify that  your name change is not for the purpose of defrauding creditors, committing fraud or other unlawful purpose. 

For more information about this or other divorce topics, call on 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.