Why Paternity Cases are So Heart Wrenching

by Robin Roshkind, Esquire, West Palm Beach, Florida

With more and more unwed parents, certain issues regarding their children raise their ugly heads.  For example, a father wants to be in a child’s life.  He is paying child support.  The mother is remarried or has another relationship and doesn’t want him around.  The father has to petition the court for his paternity rights.  Or the mother knows who the dad is, but the dad accepts no responsibility as a parent for either supporting the child or having a relationship and spending time with the child.  It is the mother who has to petition the court for paternity rights.  

What mothers and fathers fail to understand in these paternity cases, is it is the child’s rights to two loving supportive parents under the law that is violated.  The child suffers when the parents can’t agree or cooperate.

What mothers and fathers also fail to understand is that just because one party is not paying child support (in violation of court orders or otherwise,) that does not give the other parent rights to with hold the child from the non paying parent.   Time sharing and paying child support are two distinct and separate causes of action.  A mother may rationalize that if the father is not paying, he should not have the joy of seeing the child.  In these cases, it is the child who suffers.  There are court proceedings as recourse for the mother in these types of cases.

A paternity determination is simple if the mother has SOME idea of who the father might be.  A cheek swap of the child and the father in question will collect DNA and tell paternity with almost 100% certainty.  In cases where the mother does not know who the father could be, the child grows up fatherless unless another man in the mother’s life takes over emotionally as well as financially. For more information about this or other family law topics, call one of the lawyers at ROBIN ROSHKIND, PA at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com for more information.

 

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The Connection Between Child Support and Time Sharing

By Robin Roshkind, Esquire, West Palm Beach, Florida

If a divorced parent doesn’t pay child support pursuant to court order, that does not mean he/she relinquishes rights to time sharing with the child.  On the other hand, a parent cannot with hold time sharing from the other parent, simply because the other parent is with holding child support.  As far as the judge is concerned, one has nothing to do with the other.

On the other hand, if a parent is supposed to have time sharing to a certain extent, and they does not exercise that right, the other parent cannot force the issue.  The recourse is to go back to court for additional child support, because that parent is not taking the child as much as they should be under the child support scheme in place.  A parent cannot force the other parent to take the children when he/she is supposed to.  That parent can just make a child support modification accordingly.

Child support and time sharing cause much ligitation post divorce.   This is because children are often used as pawns for one parent to get at the other.  The only one that suffers is the child/ren. 

If you are having problems with your former spouse and have a Palm Beach County case, 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.