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Tag Archive for: case law

Walking Dead - Family Diplomacy | A Collaborative Law Firm

The Walking Dead: Who Is Judith’s Legal Father?

October 30, 2017/in Divorce //Tags: case law, child custody, child support, Florida case law, parentage, parental responsibility, parenting plan, paternity, time-sharingby Adam

AMC’s The Walking Dead recently premiered its season 8 debut.  For the uninitiated, The Walking Dead follows former deputy sheriff Rick Grimes and others as they navigate a post-apocalyptic world of zombies (which they call “walkers”).

The Human Element of The Walking Dead

Even more interesting than interactions with the walkers, the show focuses in on the interaction between people.  Rick and the gang have fought off a host of bad guys.  A one-eyed psychotic governor.  Bar-B-Que loving cannibals.  Most recently, a baseball bat-wielding sadist with a sophomoric sense of humor.

But the most fascinating part of the show may just be its human drama surrounding relationships between Rick and his family.  Last season, Rick made a startling admission to Michone.  Michone is a samurai sword brandishing badass and Rick’s current love interest.  The admission concerned Rick’s daughter, Judith.

When the apocalypse started, Rick had been separated from his wife, Lori.  Lori escaped the initial chaos with Rick’s best friend, Shane.  Shane and Lori thought Rick had died with the initial wave of walkers, and Shane and Lori became romantically involved.

Paleyfest 2011 The Walking Dead Panel%282%29 - Family Diplomacy | A Collaborative Law Firm

Lori and Shane’s relationship ended when they learned Rick was still alive.  Inevitably, tensions rose between Shane and Rick, which lead to Rick killing Shane.  Eventually, Lori gave birth to a child, Judith, though Lori did not survive the birth.

Which brings us back to Rick’s admission to Michone.  Rick tells Michone he knows that Shane is Judith’s biological father.

So who is Judith’s legal father?

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https://familydiplomacy.com/wp-content/uploads/2017/10/Walking-Dead.jpg 765 1024 Adam https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam2017-10-30 08:15:302017-10-29 11:06:31The Walking Dead: Who Is Judith’s Legal Father?

Florida Bar Family Law Section Moves To File Brief In Same Sex Divorce Appeal

August 16, 2014/3 Comments/in Case Law Update, Collaborative Divorce, Family Law News, LGBT Family Law Matters //Tags: 13th Judicial Circuit, alternative dispute resolution, appeals, case law, collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, Defense of Marriage Act, dissolution of marriage, divorce, DOMA, gay and lesbian couples, gay and lesbian parents, gay marriage, gay rights, legal separation, lesbian rights, LGBT family law, LGBT family law rights, marriage equality, same sex couples, same sex divorce, same sex marriage, Second District Court of Appeals, Tampa, uncontested divorceby Adam B. Cordover, Attorney-at-Law

The Family Law Section of the Florida Bar, representing over 4,000 attorneys and affiliate members, has decided to file a brief in a divorce appeal in favor of the right of same sex spouses in Florida to divorce.  The Family Law Section is joined by the American Academy of Matrimonial Lawyers (“AAML”) in what is believed to be the first same sex divorce case in Florida to challenge the state’s Defense of Marriage Act and constitutional amendment banning “gay marriage.”

As an attorney for one of the spouses – who were married in Massachusetts, moved to Florida, and filed for divorce in Hillsborough County – I welcome the support of the Family Law Section and AAML.

In their motion requesting permission to file an amicus brief, the Family Law Section and the AAML write the following:

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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2014-08-16 11:06:092016-03-11 11:09:23Florida Bar Family Law Section Moves To File Brief In Same Sex Divorce Appeal

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

July 29, 2012/10 Comments/in Case Law Update, Custody Law, Kids //Tags: bisexual parental rights, bisexual rights, case law, child custody, child custody case, child custody determination, Florida case law, Florida child custody, gay and lesbian parents, gay parental rights, gay rights, human-rights, lesbian parental rights, lesbian rights, LGBT family law rights, parenting plan, paternity, sexual orientation and child custody, time-sharingby Adam B. Cordover, Attorney-at-Law

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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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2012-07-29 19:48:122017-07-18 21:05:41In A Florida Child Custody Case, Does It Matter That I Am Gay?

TMH v. DMT: Florida Appellate Court Recognizes Parental Rights of Both Lesbian Mothers in Case of Fertilized Egg Transplant

March 31, 2012/2 Comments/in Case Law Update, Florida Statutes, LGBT Family Law Matters //Tags: adoption, best interests standard, case law, child custody, Family Law News, Florida Statutes, gay adoption, gay marriage, gay rights, lesbian adoption, lesbian rights, parental responsibility, parental rights, parenting plan, paternity, relocation, same sex couples, same sex marriage, time-sharing, UCCJEAby Adam B. Cordover, Attorney-at-Law

Here’s the story:  Two women are in a committed lesbian relationship when they decide to have a child together using reproductive technologies.  One woman (the “Genetic Mother”) supplies the egg and has it fertilized.  That egg is then implanted into her partner (the “Birth Mother”) who gives birth in 2004.

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?]

The child is given a hyphenated last name, combining the names of the Birth Mother and Genetic Mother.  Birth announcements are sent out, proclaiming both partners to be mothers of the child.  The partners reside with one another and the child in Florida, and they all live happily ever after.

Until 2006, when the Birth Mother and Genetic Mother break up.

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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2012-03-31 12:57:512016-03-16 17:00:35TMH v. DMT: Florida Appellate Court Recognizes Parental Rights of Both Lesbian Mothers in Case of Fertilized Egg Transplant

Financial Assistance Received on Behalf of a Child: Income for Child Support Purposes?

February 4, 2011/0 Comments/in Case Law Update //Tags: case law, child supportby Adam B. Cordover, Attorney-at-Law

A parent may be receiving government benefits not only for him or herself, but also independent benefits designated for his or her child.  Are the benefits received on behalf of the child considered income for purposes of calculating child support?

The Second District Court of Appeals answers affirmatively in Wallace v. Dept. of Revenue ex rel Cutter, 774 So. 2d 804, 808 (Fla. 2d DCA 2000):

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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2011-02-04 15:33:172011-02-04 15:33:17Financial Assistance Received on Behalf of a Child: Income for Child Support Purposes?
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