Since 2015, those in the same-sex community, like all other Floridians, have employed the rights and prerogatives of legal marriage. State laws have done their best to catch up and adapt to the civil needs of LGBTQ families.
A particularly complex issue that sometimes emerges from the dissolution of same-sex couples has to do with minor children. Sometimes, children in an LGBTQ marriage are the biological descendants of one spouse and sometimes they are adoptees. Sometimes, only one of the spouses has a legal claim to the children. These variables can result in confusion when it comes to determining matters of living arrangements and visitation.
Common questions faced by divorcing same-sex parents
Clarity about those Florida laws regarding the parenting plans of minor children from same-sex marriages is necessary to understand the potential decisions of family courts. There are several important questions involved:
- Is one of the spouses a biological parent
- Did both spouses sign the birth certificate
- If not biological parents, did both spouses legally adopt the child
- Do the spouses have a time-sharing agreement
Florida’s priority for children of divorce
While it is true that LGBTQ marriage and divorce proceedings are relatively new issues in Florida, in many ways these cases unfold just as with more traditional families. Above all, the well-being of children is the foremost concern of the court.