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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Holidays Can Be Hard For “Bouncing Ball” Children

by Robin Roshkind, Esquire, West Palm Beach, Florida

In addition to the Holiday Season being difficult for those husbands and wives who find themselves in failing marriages, the holidays can be hard for the “bouncing ball” children, who bounce back and forth between divorced parents.   They want to share the excitement and joys of the season with each parent they love, but they are forced by the divorce to split the time up.  Often parents fight about time sharing in front of the children causing them high anxiety and literally taking the joy out of the moment.

Divorced parents may also have new families and spouses…extended families can be a source of comfort or confusion for the child of a divorce.  If adults can start acting as such and put the child first, alot of the tension will dissipate.  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.

Family Law…the laws of love and hate

By Robin Roshkind, Esquire – West Palm Beach, Florida

The Florida Legislature in all its wisdom has developed many laws between people that fall into the category of family law.  What is family law?  It is the legal effects of these relationships, so I have listed each of them for you.  As you know, we can’t pick our families, so in certain instances it might be a love relationship, and in other circumstances, it could be a hate relationship.  Here’s the list of “loved” ones in the family that Florida family laws protect:

  1. blood relatives
  2. dead relatives
  3. intimate relationships of unrelated persons
  4. siblings
  5. parents
  6. children
  7. step children
  8. adopted children
  9. minor children
  10. children with special needs
  11. same sex couples
  12. husbands
  13. wives
  14. ex spouses
  15. the elderly
  16. the unborn
  17. adoptive parents
  18. grandparents
  19. guardians
  20. custodians
  21. health care surrogates

How these relationships are dealt with in the legal sense is what family law is all about.

For additional information on any of these, please call my law firm, Robin Roshkind, P.A., for a consultation (561-835-9091) or view the firm’s website at www.familylawwpb.com.