HIV AIDS & Florida Child Custody

May a Florida Family Law Court deny a parent custody rights solely because he or she has HIV or AIDS?

According to section 61.13(6), Florida Statutes, the answer is no, but the court may take some actions.

F.S. 61.13(6) states the following:

In any proceeding under this section, the court may not deny shared parental responsibility and time-sharing rights to a parent solely because that parent is or is believed to be infected with human immunodeficiency virus, but the court may, in an order approving the parenting plan, require that parent to observe measures approved by the Centers for Disease Control and Prevention of the United States Public Health Service or by the Department of Health for preventing the spread of human immunodeficiency virus to the child.

Of course, if you have children and are dealing with issues as personal as HIV or AIDS, you may want to consider keeping these issues out of the public courthouse and engaging in a private child custody process such as collaborative family law.

If you have questions regarding your Florida Family Law rights, schedule a consultation with The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or fill out our contact form.