Posts

The Walking Dead: Who Is Judith’s Legal Father?

AMC’s The Walking Dead recently premiered its season 8 debut.  For the uninitiated, The Walking Dead follows former deputy sheriff Rick Grimes and others as they navigate a post-apocalyptic world of zombies (which they call “walkers”).

The Human Element of The Walking Dead

Even more interesting than interactions with the walkers, the show focuses in on the interaction between people.  Rick and the gang have fought off a host of bad guys.  A one-eyed psychotic governor.  Bar-B-Que loving cannibals.  Most recently, a baseball bat-wielding sadist with a sophomoric sense of humor.

But the most fascinating part of the show may just be its human drama surrounding relationships between Rick and his family.  Last season, Rick made a startling admission to Michone.  Michone is a samurai sword brandishing badass and Rick’s current love interest.  The admission concerned Rick’s daughter, Judith.

When the apocalypse started, Rick had been separated from his wife, Lori.  Lori escaped the initial chaos with Rick’s best friend, Shane.  Shane and Lori thought Rick had died with the initial wave of walkers, and Shane and Lori became romantically involved.

Lori and Shane’s relationship ended when they learned Rick was still alive.  Inevitably, tensions rose between Shane and Rick, which lead to Rick killing Shane.  Eventually, Lori gave birth to a child, Judith, though Lori did not survive the birth.

Which brings us back to Rick’s admission to Michone.  Rick tells Michone he knows that Shane is Judith’s biological father.

So who is Judith’s legal father?

Read more

Florida Same-Sex Marriage – Will I Be On My Child’s Birth Certificate?

It has long been the law in Florida that when a child is born during an intact marriage between a man and a woman, the husband shall be placed on the birth certificate.  Generally, this is the case even if the husband is not the biological father of the child; the right of the child to be considered “legitimate” is so strong that it does not matter whether there is an actual genetic connection between the child and the father.

Now that Florida’s ban on same-sex marriage has been declared unconstitutional by a federal judge and marriage licenses are being provided to same-sex couples, will a hospital put a woman on a birth certificate if her wife gives birth?

Read more

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.

Read more