LGBTQ+ Friendly Family Law Firm in Florida

If you are a member of the LGBTQ+ community in Florida, you might have found yourself wondering about the best path forward when it comes to family law matters. We get it—navigating the legal landscape can be confusing and overwhelming, and now is not the time for a lawyer to judge you or your family. But fear not! At Family Diplomacy, we’ve got your back. Our mission is to provide you with an open, friendly, and supportive environment as we work together to tailor LGBTQ+ Family Law solutions that perfectly suit your unique needs.  And we help families throughout the State of Florida.

Crafting Harmony through Collaborative Family Law

Picture this: you’ve got personal family matters to resolve, but you’re dreading the thought of entering a public adversarial court system. Guess what? You don’t have to go that route. Family Diplomacy recommends a much more peaceful alternative for Florida and Tampa Bay LGBTQ+ spouses and partners: Collaborative Family Law.

Here’s the scoop: in this process, attorneys are on board solely to help you reach private resolutions. We’re actually barred from fighting before a judge. Plus, there’s a facilitator—usually a trained mental health professional—who’s there to keep everyone focused on what’s best for the family, including any children involved. This person ensures that communication remains respectful and productive. And since financial matters can be complex, especially for LGBTQ+ relationships, a financial professional might step in to guide you through the intricacies of assets and debts.

Meet the Collaborative Guru: Adam B. Cordover

Let us introduce you to an intellectual leader in collaborative practice—Adam B. Cordover. He’s not just any lawyer; he’s an internationally-recognized leader and trainer in collaborative practice. He’s even presented on the use of collaborative practice for LGBTQ+ family law matters to professional and civic groups around the U.S., Canada, France, and Israel, and across Florida including in Tampa, Sarasota, and Orlando, Jacksonville, Boca Raton, and beyond. Adam is also co-author of an American Bar Association book on collaborative family law, a member of the Board of the International Academy of Collaborative Professionals, and recipient of the inaugural Visionary Award from the Florida Academy of Collaborative Professionals. You’re in good hands!

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Christmas Custody Schedule

Sample Christmas Custody Schedule

Christmas can be a difficult time when you are divorcing, as this may be the first time that you are not spending the holiday together as a family.  One way to make it a bit easier is to work with your co-parent and come up with a Christmas Custody Schedule that works for your kids.

There are many different ways in which families celebrate Christmas, and below you will find some sample language to consider for your parenting plan.

Alternating Christmas Custody Schedule

Mother will share time with the children for the entire winter break during odd-numbered years, and Father will share time with the children for the entire winter break during even-numbered years.

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Video: Therapist Discusses Collaborative Divorce and Kids

Kids are often caught in the middle of divorce. Their parents are fighting, and many times the kids’ needs get ignored.

Fortunately, not all divorce processes are the same.  Collaborative divorce gives parents the opportunity to work in a non-adversarial setting and develop a parenting plan tailored to meet children’s needs.

In the video below, therapist Jacquie Lamb, LMHC, discusses collaborative divorce and children.  This video was produced by the Florida Academy of Collaborative Professionals.

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How Do I Know If My Kids Are OK During My Divorce?

Divorce is not only stressful and life changing for you, but also for your children. As a parent, you want your children to come out of your divorce as unscathed as possible. How do you ensure that happens?

You are likely more emotional and busier than ever during your divorce process.  However, now is the time to stay connected with your children. Spend special time with them doing activities that they enjoy. Check in with their teachers, coaches, and friends to make sure that they are doing okay.

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What Should I Tell The Kids About Our Divorce?

If you have children and are going through a divorce, your biggest concern is likely how your kids will be affected. When is the best time to tell your children, and how much should you share with them?

Your Children Will Know

Your children will know that something is going on, and leaving them in the dark may cause more apprehension and stress in them than just being upfront. Establish a united front early in the process, and tell your children together that you are separating. Assure them that while things will be different, everything will be okay. Alleviate their fears that your divorce is in any way their faults. Remind them often during the process that everything will fine and it is not their faults.

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Who Gets The Kids On Holidays?

The holidays are such a magical time of year, especially if you have children. But if you are going through a divorce, your family will need to establish new traditions. Holidays must now be split between two family units. Until the judge orders a holiday schedule or you and your ex reach an agreement about it, each party is usually equally entitled to a holiday. This can create a lot of stress during an already stressful, busy time of year.    So how do you determine how holidays should be split?

Mediation and Collaboration

If you choose a courtless divorce option like mediation or collaboration, professionals will assist you and your spouse in creating a holiday schedule that works best for both of you. It may be more important for your side of the family to celebrate certain holidays than it is for your spouse. Likewise, there are probably some holidays you don’t care about that are important to your ex. One or both of you may want to have the opportunity to travel during certain holidays. All of these matters can be addressed more thoroughly if you participate in a form of alternative dispute resolution than if you let the judge decide for you.

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Does My Child Have A Say In Custody?

So, you are thinking about divorce. You, like many parents, may wonder whether your child has a say in the custody (also known as time-sharing) schedule. Depending on your child’s age and maturity level, your child might have have some input in what your timesharing schedule should look like.  However, a child under the age of 18 does not have the final say in a time-sharing schedule.

How Your Child Can Have A Say In Custody

Whether your child has a say may depend on whether you choose to litigate your case, or instead, participate in alternative dispute resolution like collaboration or mediation. In most litigated cases, a judge will not allow a child to participate in the proceedings. However, if you proceed with collaborative practice or mediation, your child may be able to participate if you and your spouse agree. If so, your child may attend a portion of the mediation or collaborative meeting. The mediator or collaborative facilitator will help determine the appropriate forum for the child to express his wishes and whether you and your spouse should be present.

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Custody: What Does The Law Consider?

Florida Statute § 61.13 lists the factors that the law will consider when developing a child custody, also known as time-sharing, schedule. One major factor is whether you will encourage a close and continuing relationship between the children and the other parent. The law considers your histories and personalities. Section 61.13 examines whether you will be reasonable when changes are required. The law also considers your ability to keep each other informed regarding important matters regarding the children. Florida law frowns upon parents who disparage the other in front of the children or bring the children into their disputes.

Parental Responsibility and Child Custody

Section 61.13 also discusses parental responsibilities and whether third parties will have decision-making authority. For example, if you work eighty hours a week, it may not be realistic for you to have custody the majority of the time. Another consideration is whether you will be able to participate in the children’s school and extracurricular activities.

Another factor is whether you have demonstrated the capacity and disposition to determine, consider, and act upon the needs of the children as opposed to your own needs or desires.

It is important to maintain stability as much as possible for the children.  Accordingly, the law considers the length of time the children have lived in a stable, satisfactory environment. Often times, if a temporary schedule is going well, the law suggests that it may be best to keep that custody schedule in place, especially if the child is tied to that home, school, and community.

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When Will I Get to See My Children?

Has your spouse petitioned for divorce and is now keeping your children from you? If so, you are likely wondering when you will get to see your children. There are several scenarios that could affect when you will be able to see your children.

Traditional Litigation Approaches

If your spouse simply refuses to allow you to see your children, and there is not yet a court order in place governing when each parent has time with the children, you may have to wait a few months before you see them. Of course, you have just as much right to your children as your spouse. But if your spouse is refusing you access, it likely isn’t in your children’s best interests to force the issue and cause an altercation. Depending on your situation, you may need to move for an emergency hearing to have the judge decide temporary timesharing as expeditiously as possible. Even in situations where a parent is denying the other parent access, a judge may require that parties mediate before allowing a temporary relief hearing to be set.

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Will I Get Custody of My Kids?

Every parent going through a divorce fears that they will not receive sufficient time or custody with their children. For parents who are used to seeing their children whenever they please, the thought of a third party ordering a schedule by which they have to abide can be nerve-wracking.

Traditional Divorce Court – Judge Decides Custody

If you decide to litigate your divorce in court, you will leave your destiny to a judge who only receives a snapshot glance at your life and parenting abilities. Outside factors will impact your case like the attorneys’ trial abilities, the mood and beliefs of the judge who is assigned to your case, the opinion of the experts which may be determined by which party is paying him, and how the parties and witnesses present themselves in court.

So how do you ensure a positive result in your case? Keep the decision in your own hands. Divorces do not have to occur in court, and actually, most do not. There are several courtless divorce options that are available that leave these important decisions to you and your spouse.

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