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    500 Village square crossing, #103 Palm Beach Gardens, FL 33410
    Grant J. Gisondo, P.A. – Family Law Attorney

    There is No Favoritism in The Law

    Grant J. Gisondo, P.A. > Alimony  > There is No Favoritism in The Law

    There is No Favoritism in The Law

    Divorce lawyers in palm beach gardens

    For many years it seemed that family courts were biased in favor of one party or the other in a divorce, especially when minor children were involved. As time has gone on, however, family courts have changed in the way they administer justice until there is now no favoritism in a judge’s decision regarding divorce issues such as alimony, child support, and who will care for and nurture the minor children. (A child is considered a minor from infancy to age l8 and beyond if the child is unable to support themselves due to severe mental or physical disability.). Here are some myths that often still prevail when people talk about what will happen in a divorce, especially when minor children are involved.

    The mother always gains custody of the minor child: No longer does either parent have what was called primary custody of a minor child. (There are some exceptions in the case of one or both parents having been convicted of child abuse or neglect or domestic violence. Additionally, if either or both parents are physically or mentally unable to give appropriate care or are on drugs, one parent will be awarded sole custody. If both parents are considered unfit, a third party such as a grandparent can be awarded custody of the child. The concept in today’s family court is that it is best for a child to be cared for and nurtured by both parents as equally as possible. Shared parenting, which includes parental timesharing, is now how family courts look at how minor children will be cared for. Both parents will be granted equal time with their minor child, including where the child will spend the night. Additionally, major decisions concerning the child in the areas of education, medical, discipline, and religion must be made and agreed upon by both parents.

    The father always pays the child support: Child support is determined by the needs of the children and the income of each parent to contribute to those needs. Either parent can be ordered to pay child support.

    The man always pays alimony to the wife: Not true as the needs of each party will be considered, as is the income of each party. If a need for alimony is determined by either the husband or wife, the other party can be ordered to pay alimony.

    The man usually receives the “lion’s share” of marital assets in states with equitable distribution: Equitable is not the same as equal; however, a judge will consider many factors when dividing marital assets to create as equal a division as possible. For example, a husband may be awarded a boat and the wife a summer cottage, both having approximately the same monetary value.

    Family courts try very hard to consider both parties’ claims during a divorce hearing. A state’s Statutes will spell out in great detail how each ruling in a divorce should be handled, and one of the main points is to consider each party in a neutral way when it comes to looking at a couple as husband or wife. Facts are what govern a judge’s decision, not whether a party is a husband or a wife.

    Grant J. Gisondo, P.A.