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.

What Does Shared Parental Responsibility Really Mean?

By Robin Roshkind, Esquire, West Palm Beach, Florida

For divorcing parents, whether the divorce is done by trial in front of the judge, or in mediation and by agreement of the parties, children’s provisions take up a good part of the court order or marital settlement agreement.  In Palm Beach County, all the documents include language about shared parental responsibility per Florida Statutes.

What does that actually mean?  It means that both parents have equal parental rights and  a say in all major decisions regarding the upbringing of their children.   What are the subjects of these major decisions?  Things like whether or not the children should attend public or private school; whether or not the child will see a certain doctor or therapist; whether or not the child will receive religious training; whether the child will take piano lessons or ballet lessons;  whether to teach a child to swim;  whether the child will attend day camp or sleep away camp.  Things of that nature fall into major decisions regarding the upbringing of a child.

What if the parents cannot agree?  Then the courts will intervene in determining what is in the best interests of the child.  What if a parent is unfit?  The other parent needs to petition the court for sole decisionmaking.  Again, the court will determine what is in the best interests of the child.  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.

What is parental alienation syndrome and how can I stop it?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Parental alienation syndrome is where one parent turns the children against the other parent.  Most divorce decrees have a “disparagement” paragraph which forbids each parent from disparaging the other to the children.

Courts recognize that children see themselves as a part of each parent and where there is denegration, it is harmful to the child because the child loses self esteem; he or she also loses respect for the disparaged parent and parenting becomes more difficult.  Judges take this bad behavior seriously and the Florida legislature has even passed a shared parenting statute which forbids disparaging behavior of one parent to the other.

Where evidence and testimony is produced showing a child is harmed by alienating behavior, courts will decide to alter the parent time sharing arrangement.  The court’s job is to protect the child and the best interests of the child.  Limiting time sharing, or requiring supervised time sharing is the response to a parent who alienates the other to the detriment of the child.

For questions about this topic or other divorce topics, call on one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at http://www.familylawwpb.com.