Florida law provides a choice as to where prospective parents should file a case for termination of parental rights and adoption. Generally, the adoption must be filed where (i) the child lives or (ii) the adoption entity, intermediary, or attorney for the prospective parents is located.
Which of these counties is chosen may be a strategic decision…
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.
TAMPA - 3030 North Rocky Point Drive, Suite 150, Tampa, FL 33607
SAINT PETERSBURG - 475 Central Avenue, St. Petersburg, FL 33701
SARASOTA - 1858 Ringling Boulevard, Suite 110, Sarasota, FL 34236
And Offering Virtual Legal Services Throughout the State of Florida
