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

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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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Florida Adoptions and the Indian Child Welfare Act

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When a potential client comes into my office seeking to learn more information about Florida adoption (whether it be stepparent adoption, close relative adoption, second parent adoption, or non-relative adoption), two questions almost always seem to catch the potential client off guard:

  1. Is the prospective adoptee/child a member of an Indian tribe?
  2. Is the prospective adoptee/child eligible to be a member of an Indian tribe?

If the answer to either of those questions turns out to be yes, then a federal law known as the Indian Child Welfare Act (“ICWA”) is triggered and special procedures must be observed. In determining whether an adoption should be granted, a court must not only look at the best interests of the child, but also take into consideration the interests of the child’s Indian tribe. Preference for adoption is to be given to the child’s extended family within that tribe over a non-tribe member non-relative.

A recent South Carolina adoption case involved the Indian Child Welfare Act. The following video from CNN discusses this case of “Baby Veronica” and the impact of the Indian Child Welfare Act on her adoption:

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Interfaith Marriage and Divorce

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According to USA Today, a 2001 American Religious Identification Survey found that divorce is three times more likely in interfaith marriage than from those marriages where each partner is from the same faith. Here are some other findings from the 2001 survey:

  • 22% of U.S. homes had at least two people from two different faiths in the household;
  • 28.4 million Americans are living in interfaith households;

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What is a Florida Parenting Plan?

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For every Florida divorce case in which child custody issues are being decided, the judge must enter a parenting plan.

A parenting plan is a document that sets out parents’ rights and responsibilities towards their children.  The parenting plan will explain each parent’s right to make major decisions concerning the children (such as education or medical decisions).  The parenting plan will also flesh out each parent’s right to spend time with the children and detail which specific days the children will sleep overnight at each parent’s home.

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Tampa’s Edgecomb Courthouse to be Closed During Republican National Convention

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Edgecomb Courthouse in Tampa

Hillsborough County’s Thirteenth Judicial Circuit has posted its administrative plans for operations during the Republican National Convention.  Although essential court services will be available at other locations, there will be no hearings, trials, or other court events from August 27 to August 31 at the George Edgecomb Courthouse, located at 800 East Twiggs Street, Tampa, Florida 33602.

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If you are involved in a Florida divorce or other family law matter and you are seeking to speak with a Tampa Bay family law attorney, contact The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or through our online form.

Tampa’s Head Family Law Judge Endorses Collaborative Process

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Judge Catherine M. Catlin, Associate Administrative Judge of the Thirteenth Judicial Circuit’s Domestic Relations Division, recently lead a round table discussion sponsored by the Collaborative Divorce Institute of Tampa Bay (“CDITB”). Judge Catlin relayed, among other things, that she encourages clients to participate in private alternative dispute resolution methods such as collaborative practice.

2012-07-12 Judge Catlin and CDITB Board

From L to R: Bob Evans, Christine Hearn, Adam B. Cordover, Judge Catherine M. Catlin, Beth Reineke, Lara Davis, David Harper

Collaborative practice (also known as collaborative family law, collaborative process, and collaborative divorce) is a method of resolving disputes where the parties agree that they are not going to bring their case in front of a judge to decide issues of custody, division of assets, etc. Instead, they hire trained collaborative attorneys committed to reach a settlement. A neutral facilitator or mental health professional is retained to move the process forward and keep the parties focused on the future of the family and children rather than on the arguments of the past. A neutral financial expert is often brought on board to develop settlement options that make sense for the family’s financial well-being.

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Hillsborough County Clerk of the Court Cuts Hours

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Due to budget cuts, the Hillsborough County Clerk of the Court is reducing the hours it will handle court-related services.  Beginning July 1, 2012, the hours were cut to 9:00 a.m. – 4:00 p.m.  This will affect the filing and processing of family law (i.e., adoption, divorce, paternity, child support, child custody, name change, etc.) documents.

If you have a Tampa family law case and you wish to scheduled a consultation with a Florida family law attorney, contact The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or fill out our online form.

Tampa’s Domestic Partnership Registry Goes Into Effect

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On June 25, 2012, the City of Tampa opened up its Domestic Partnership Registry for applications.  This allows for committed same sex and unmarried heterosexual couples to have expanded rights, such as the following:

  • Healthcare visitation for partners and dependents of partners;
  • Healthcare decision-making for incapacitated partners;
  • Funeral and burial decisions for partners;
  • Notification of partners as family members in cases of emergency;
  • Pre-need guardian designation will not be denied based solely on being homosexual; and
  • Participation in education decisions for the partner’s dependent children.

Related:  Five Legal Steps Florida LGBT Parents Should Take

[Related:  In A Florida Child Custody Case, Does It Matter That I Am Gay?]

[Related:  In Which County Should I File My Florida Adoption Case?]

To sign up for the registry, couples must go to the Office of the City Clerk, located at 315 East Kennedy Boulevard, Third Floor, Tampa, Florida 33602.  Registration is open from 9:00 a.m. until 4:00 p.m., though beginning July 9 registration hours will be from 10:00 a.m. to 3:00 p.m.

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Where In Tampa Bay Can I Get Fingerprinted For My Legal Name Change?

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If you want to get your legal name changed in Florida, and you are not getting married or divorced, you will probably need to submit fingerprints for a state and national background check.  Pursuant to Florida Statute section 68.07, the fingerprints must be submitted electronically, and they will be reviewed by the Florida Department of Law Enforcement and the Federal Bureau of Investigation.

So where do you submit fingerprints electronically?

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Income Withholding Order

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For quite some time, Florida has permitted child support and alimony payments to be deducted directly from a person’s paycheck.  This had been done through an income deduction order authorized by section 61.1301 of the Florida Statutes.

Recently, the federal government mandated that OMB Form 0970-0154 (Income Withholding for Support Order) be used in place of state income deduction forms.  Accordingly, Hillsborough County’s Thirteenth Judicial Circuit has published a packet which includes the federal Income Withholding Order along with the Florida Addendum to the federal order and a Payment Information Sheet.

If you have a matter involving Florida alimony or child support and you are looking to schedule a consultation with a Tampa Bay family law attorney, contact The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or by filling out our online form.