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LGBT FAMILY LAW

Given the current state of the laws in Florida, members of the LGBT community often wonder where to turn for advice and help on handling family law issues. Family Diplomacy prides itself on offering an open, friendly, and supportive environment for lesbian, gay, bisexual, and transgender individuals. We will strive to find a solution that is tailored to you and your family’s needs.

COLLABORATIVE FAMILY LAW FOR SAME SEX SPOUSES AND PARTNERS

Rather than go through the public adversarial court system to resolve personal family matters, Family Diplomacy recommends that Tampa Bay same sex spouses and partners utilize the private, respectful dispute resolution process of Collaborative Family Law.

In the Collaborative Process, attorneys are retained solely to settle disputes privately and are contractually barred from bringing contested issues to be decided by a judge. A facilitator, who is normally a trained mental health professional, is engaged to keep everyone focused on the best interests of the family and the children, if any, and to keep communication respectful and productive. A financial professional is involved to help untangle the combined assets and debts of the parties (under Florida and Federal law, this can be an especially technical undertaking for same sex relationships) and provide options for support.

Adam B. Cordover is an internationally-recognized leader and trainer in collaborative practice.  He has presented on the topic of the use of collaborative practice for LGBT families in Florida to judges, attorneys, mental health professionals, and financial professionals in Tampa, Sarasota, and Orlando.  He is also a co-author of an upcoming American Bar Association book on collaborative family law.

New Legal Name - Family Diplomacy | A Collaborative Law Firm

Gender Non-Conforming Legal Name Change

March 16, 2021/in Legal Name Change, LGBT Family Law Matters //Tags: change of name, Florida name change, Gender Non-Conforming, LGBT family law, LGBT family law rights, LGBTQ+, name change, Tampa Bay Name Change Attorney, transgender family law rights, transgender name change, transgender rightsby Adam

If you are gender non-conforming and living in Florida, you may not know where to turn to change your legal name.  At Family Diplomacy, we pride ourselves in offering a welcoming environment.  From the moment you contact us, we will listen to and address your concerns, determine your eligibility for a name change, and stand by your side throughout the legal process.

We are here for you.

Gender Non-Conforming Definitions

For those reading this post who may not be familiar with this term, the Human Rights Campaign defines gender non-conforming as “[a] broad term referring to people who do not behave in a way that conforms to the traditional expectations of their gender, or whose gender expression does not fit neatly into a category. While many also identify as transgender, not all gender non-conforming people do.”

PFLAG, which describes itself as “the first and largest organization for lesbian, gay, bisexual, transgender, and queer (LGBTQ+) people, their parents and families, and allies,” defines gender non-conforming as follows:

A term for those who do not follow gender stereotypes. Often an umbrella for nonbinary genders (see TGNC). Though fairly uncommon, some people view the term as derrogatory, so they may use other terms including gender expansive, differently gendered, gender creative, gender variant, genderqueer, nonbinary, agender, genderfluid, gender neutral, bigender, androgynous, or gender diverse. PFLAG National uses the term gender expansive. It is important to respect and use the terms people use for themselves, regardless of any prior associations or ideas about those terms.

For purposes of this article, we use the term gender non-conforming.  However, if you prefer another term, please let us know when you contact us and we will respect your preference.

Eligibility for Florida Gender Non-Conforming Name Change

Regardless of where you were born, if you live in the Sunshine State, Florida courts have jurisdiction to change your legal name.  You may petition for a name change if you are an adult, and a parent may petition on your behalf if you are a child.  Once your petition for change of name is filed, the request will often be granted unless a Court finds that (i) you have improper or illegal motives in seeking the name change, (ii) your civil rights are suspended (for example, by being convicted of a felony), or (iii) granting you a name change will invade the property rights (e.g., intellectual property rights) of others.

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New Legal Name - Family Diplomacy | A Collaborative Law Firm

Changing My Transgender Child’s Legal Name

June 25, 2020/in LGBT Family Law Matters, Legal Name Change //Tags: change of name, Florida name change, LGBT custody rights, LGBT family law, LGBT family law rights, name change, Tampa Bay Name Change Attorney, transgender family law rights, transgender name change, transgender parental rights, transgender rightsby Adam

Being a supportive parent can oftentimes be challenging, but you and your transgender child may have come to the conclusion that it is time for a legal name change.  Is it possible to change a transgender child’s name to match his or her identity?

So long as both legal parents are in agreement, in most circumstances you can change your minor child’s legal name.

Petition for Change of Legal Name

In Florida, legal name changes are accomplished through the court system.  Accordingly, you will need to petition a court in the county in which you live for your child’s name change.  The petition must include information such as:

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https://familydiplomacy.com/wp-content/uploads/2019/12/New-Legal-Name.jpg 864 1536 Adam https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam2020-06-25 08:45:572020-06-25 09:11:32Changing My Transgender Child’s Legal Name
Lgbtq Family Law Rights M 1 - Family Diplomacy | A Collaborative Law Firm

Why Florida LGBTQ Families Should Be Concerned About Simmonds v. Perkins

January 13, 2020/in LGBT Family Law Matters //Tags: adoption, Florida adoption, gay adoption, gay and lesbian couples, gay and lesbian parents, gay marriage, gay parental rights, gay rights, lesbian adoption, lesbian parental rights, lesbian rights, LGBT custody rights, LGBT family law, LGBT family law rights, non-relative adoption, same sex couples, same sex marriage, same-sex parents, second parent adoption, stepchild adoption, stepparent adoption, Tampa Bay Adoptionby Adam

If your child is born while you and your spouse are married, you both will always be considered the parents of the child, right?  Well, not necessarily.  LGBTQ families should be aware of their family law rights.  And according to Simmonds v. Perkins, 247 So. 3d 397 (Fla. 2018), those family law rights may be at risk.

Facts of Simmonds v. Perkins

Simmonds v. Perkins involves a Husband, a Wife, and a Biological Father.  While married to Husband, Wife has an affair with Biological Father.  Wife gets pregnant from Biological Father.  While still married to Husband, Wife gives birth to child.

Now, Biological Father did not know that Wife was married to Husband at the time of the affair, and once Biological Father did learn about the marriage, Wife told him that the marriage was only for “immigration purposes.”

After the child was born, Biological Father would visit the child regularly and paid Wife child support.  Eventually, Biological Father filed an action in court to be named the child’s legal father, have all of the rights of a father (including ability to make decisions and right to spend time with the child), and take on the obligation of child support.

Wife files a motion to dismiss the action because the child was born during an intact marriage between her and Husband.  Traditionally, that meant that there was a strong legal presumption that Husband was the legal father of the child, and it was very difficult for any third party to challenge this status.  Husband would later join as a party and also requested that his rights be respected and the case be dismissed.

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https://familydiplomacy.com/wp-content/uploads/2020/01/LGBTQ-Family-Law-Rights-M-1.png 431 820 Adam https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam2020-01-13 06:45:452020-01-13 15:56:49Why Florida LGBTQ Families Should Be Concerned About Simmonds v. Perkins
New Legal Name - Family Diplomacy | A Collaborative Law Firm

A New Legal Name for the New Year

December 23, 2019/in Legal Name Change, LGBT Family Law Matters //Tags: change of name, Florida name change, name change, Tampa Bay Name Change Attorney, transgender name changeby Adam

The new year can be a time for turning over a new leaf, and it may be a time when you are considering adopting a new legal name.  Whether you are looking to share a last name with a partner, honor a loved one, adjust your name to reflect your gender identity, reconnect with recently discovered family, correct errors on your birth certificate, or just plain refresh your identity, we are a collaborative family law firm that can help you petition for a new legal name.

A New Legal Name Requires a Court Judgment

You may not realize that the process of petitioning for a new legal name is a court process.  In fact, section 68.07 of the Florida Statutes lays out the legal requirement to change your name and what must be filed with the court.  Under the name change law, you must swear under oath whether, among other things, the following apply to you:

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https://familydiplomacy.com/wp-content/uploads/2019/12/New-Legal-Name.jpg 864 1536 Adam https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam2019-12-23 06:30:272019-12-22 11:01:19A New Legal Name for the New Year
Transgender Family Law - Family Diplomacy | A Collaborative Law Firm

Transgender Family Law Tampa Bay

August 26, 2019/in LGBT Family Law Matters, Legal Name Change //Tags: LGBT custody rights, LGBT family law, LGBT family law rights, parenting plan, transgender family law rights, transgender name change, transgender parental rights, transgender rightsby Adam

The question of which attorney to choose is a very personal one.  You want someone who will offer a warm, welcoming environment and who understands the unique legal and societal challenges that transgender family law matters often entail.  You want someone who has been on the forefront of LGBTQ family law rights and will be there for you.  We would be honored to represent you.

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https://familydiplomacy.com/wp-content/uploads/2019/08/Transgender-Family-Law.png 1365 2048 Adam https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam2019-08-26 06:30:402019-08-26 11:51:25Transgender Family Law Tampa Bay
Gestational Surrogacy Lawyer - Family Diplomacy | A Collaborative Law Firm

What is Gestational Surrogacy?

September 5, 2017/in Gestational Surrogacy, Adoption, LGBT Family Law Matters //Tags: family planning, gestational surrogacy, surrogacy contractby Adam

If you are a married couple looking to bring a child into your life but cannot conceive yourselves, you may be a candidate for gestational surrogacy.

Gestational surrogacy is a legally recognized process and alternative to traditional child birth. A couple contracts with a woman (also known as a “surrogate”) who will give birth to a child. The couple will use their own sperm and/or egg, with or without donated genetic materials, to create a fertilized egg. The fertilized egg will then be transferred to the surrogate. There is no biological connection between the surrogate and the fertilized egg. This means that the surrogate has no legal rights to the child that is born. The couple quickly become the legal parents to the newborn child.

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https://familydiplomacy.com/wp-content/uploads/2017/08/gestational-surrogacy-lawyer.jpg 1034 1600 Adam https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam2017-09-05 07:39:462017-09-04 20:13:42What is Gestational Surrogacy?

Cordover & Gaies Present on LGBTQ Families & Relationships

August 18, 2017/in LGBT Family Law Matters, Collaborative Divorce, Mediation //Tags: bisexual parental rights, bisexual rights, gay adoption, gay and lesbian couples, gay and lesbian parents, gay marriage, gay marriage ban, gay parental rights, gay partnership agreement, gay rights, lesbian adoption, lesbian parental rights, lesbian rights, LGBT custody rights, LGBT family law, LGBT family law rights, same sex couples, same sex divorce, same sex marriage, same-sex parents, transgender family law rights, transgender name change, transgender parental rights, transgender rightsby Adam

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.

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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Trans Name Change in Tampa Bay

March 22, 2017/in LGBT Family Law Matters, Legal Name Change //Tags: change of name, Florida name change, gender marker, LGBT family law, LGBT family law rights, name change, transgender family law rights, transgender name change, transgender rightsby Adam

Do you want your legal identity to match who you are?  At Family Diplomacy, we have been a cutting edge law firm serving the needs of LGBT clients.  We can help you apply for a change of your legal name and gender marker to sync with your gender identity.  In sum, we can help you with a trans name change.

Trans Name Change

Though Florida is often behind the times, with name changes the state is pretty liberal.  So long as your civil rights are not suspended, and you are not seeking a change of name for an illegal or ulterior purpose, your petition of change of name can be granted by a circuit court judge.

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Prenuptial Agreements for Same-Sex Couples

November 14, 2016/0 Comments/in LGBT Family Law Matters, Credit Cards, Debt, Money & Property //Tags: LGBT family law rights, premarital agreementby Adam

In the aftermath of the turbulent election season, are you and your partner seeking to add stability to your lives by tying the knot?  Have you been in a long-term relationship and are now seeking to formalize and get legal recognition for it?

Major Alan G. Roger At Same - Family Diplomacy | A Collaborative Law Firm

You may want to consider getting a prenuptial agreement.  You and your partner may have a certain way of handling your finances.  Do you wish to keep certain funds separate to maintain a degree of independence?  Do you want to keep other funds joint for your mutual enjoyment?  Do you want to clarify which of your assets should be considered non-marital and which should be seen as common property?

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Cordover Leads Workshop At International Collaborative Conference

November 7, 2016/0 Comments/in Collaborative Divorce, Family Law News, LGBT Family Law Matters, Training //Tags: collaborative divorce, collaborative divorce training, International Academy of Collaborative Professionalsby Adam

Tampa attorney Adam B. Cordover lead a workshop at the 17th Annual Educational and Networking Forum of the International Academy of Collaborative Professionals (“IACP”).  The Forum took place in Lake Las Vegas, Nevada, and was attended by hundreds of attorneys, mental health professionals, financial professionals, mediators, and other supportive of helping families resolve disputes respectfully and privately via the collaborative process.

Cordover lead the workshop alongside Barrie, Ontario lawyer Brian Galbraith and Seattle, Washington attorney Kevin Scudder.  The program was called “Collaborative Multiverse,” and the idea was to lead a townhall-style debate and discussion among experienced collaborative practitioners on issues affecting collaborative practice.

2016 Iacp Adam Brian Kevin - Family Diplomacy | A Collaborative Law Firm

Brian Galbraith, Adam B. Cordover, and Kevin Scudder at the 17th Annual IACP Forum (2016)

One topic that was discussed was determining the best collaborative model to use for each particular family.  Different parts of the world predominantly use different arrangements of professionals to resolve divorce and other issues.  In Florida, the main model that is used is known as the Neutral Facilitator model, where each party has an attorney, a neutral facilitator with a mental health licensure helps with parenting issues and ensures discussions are future-focused, and a neutral financial professional aids in creating family budgets and ensures financial transparency and disclosure.

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