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Cordover & Gaies Present on LGBTQ Families & Relationships

On August 11, 2017, psychologist and collaborative facilitator Jeremy Gaies joined collaborative attorney and mediator Adam B. Cordover to present on the topic of “LGBTQ Relationships:  The New Family and Out-of-Court Dispute Resolution.”  Gaies and Cordover facilitated the LGBTQ families workshop at the 25th Annual Conference of Florida’s Dispute Resolution Center.

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Purpose of LGBTQ Families Workshop

The purpose of the workshop was threefold:

  1. Identify specific legal and other considerations for lesbian, gay, bisexual, transgender, and questioning (LGBTQ) individuals and families;
  2. Engage in discussion of various out-of-court options to meet LGBTQ needs; and
  3. Consider new and future legal challenges for LGBTQ clients and the family law community.

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Cordover Presents on LGBT Family Law in Sarasota

Family Diplomacy’s managing attorney Adam B. Cordover gave a presentation on “The New Family: LGBT Issues & Family Law” at the 2015 Fall Conference of the Florida Court Professional Collaborative (FCPC) of the Twelfth Judicial Circuit.  The title of the Conference was “2015 Trends in Family Law.”

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Five Legal Steps Florida LGBT Parents Should Take

The unfortunate truth is that current Florida law is not conducive to recognizing the relationships that develop in lesbian, gay, bisexual, and transgender families.  However, there are steps that Florida and Tampa Bay LGBT parents can take to boost the recognition of their parental rights.

Adoption

If LGBT parents are committed to raising a child together and recognizing each parent’s rights, I highly recommend that partners consider adopting each other’s children.  This helps form an unbreakable legal bond between the children and each partner.  Though the law is not completely settled in this area, the judges in Hillsborough County (including Tampa) are granting adoptions by LGBT partners.  What’s more, an adoption attorney located in Hillsborough County (such as myself) can help Florida parents come before Hillsborough County judges no matter where in Florida the parents live.

Co-Parenting Agreements

Co-parenting agreements can be great evidence that LGBT partners intend to parent children together.  It can boost the argument that “psychological parenting,” or the formation of a parent-like relationship between a child and a non-legal parent, has occurred and make it or more likely that parental rights will be recognized by Florida’s legal system.

Hyphenated or Unified Last Names

A hyphenated or unified last name can go a long way in demonstrating to the Florida legal system that partners intended to raise children together.  For example, if partner 1 is named Jones, and partner 2 is named Smith, it would be helpful to have all partners and children’s last names hyphenated or unified, so that everyone has a last name of Jones-Smith, Smith-Jones, Smones, Jith, etc.  Florida has laws to aid in legal name changes.

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Florida’s Defense of Marriage Act

The U.S. Supreme Court is hearing arguments on the rights of lesbian and gay individuals to marry partners of the same sex, and Florida’s laws may be affected.  Currently, same sex partners are not only prohibited from entering into marriage in Florida,  but Florida law also prohibits the recognition of same sex marriages that were validly sanctioned in any other state or nation.

Related:  Five Legal Steps Florida LGBT Parents Should Take

Florida has a version of the Defense of Marriage Act (section 741.212, Florida Statutes), which reads as follows:

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Tampa May Expand Domestic Partnership Recognition

The City of Tampa is considering an ordinance that would recognize domestic partnerships from communities around the United States.  Currently, Tampa only recognizes the rights of those domestic partners who have registered with Tampa’s domestic partnership registry.  According to the Tampa Bay Times:

Related:  Five Legal Steps Florida LGBT Parents Should Take

City Council instructed its attorneys to draft an ordinance that would allow Tampa to offer equal protection to couples recognized in domestic partner registries outside the city. Council members had considered creating agreements with surrounding municipal governments to recognize each others’ registries. But seeing as that process that council member Yvonne Yolie Capin said could be “arduous,” the council opted to draft a law allowing Tampa to recognize other registries — regardless of whether those cities reciprocate.

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A draft of an ordinance is scheduled to be reviewed by council members on Sept. 27.

Tampa’s domestic partnership registry is open to couples who are 18 or older, unmarried and not related by blood, who live together and consider each other to be immediate family. Registered domestic partners each have rights historically recognized for immediate relatives: Being notified that a partner has been in an accident, visiting each other in the hospital, making medical decisions for a partner who cannot do so, and making funeral arrangements for each other.

If you would like to learn more about your Florida family law rights, including adoption, child custody, or domestic partnership agreements, schedule a consultation The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or fill out our online form.

In A Florida Child Custody Case, Does It Matter That I Am Gay?

I have been seeing more clients who are coming out of the closet either during or following their divorce (or during a child custody case not related to divorce). Each client has asked whether the Florida court is going to take into consideration his or her sexual orientation.

Though, in determining child custody matters, a Florida judge must take into consideration the “moral fitness” of the parents (see Florida Statutes Section 61.13(3)(f)), the court may not make a custody determination based solely on whether a parent is gay. In fact, a parent’s sexual orientation should not be a determining factor unless it has a direct negative impact on the welfare of the child.

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