Tag Archive for: gay and lesbian parents

Professional Athletes and Seasonal Custody Schedules

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For professional athletes, your life does not follow a standard calendar. Half the year may be spent training, traveling for games, or living in another city during the season. The other half may finally bring you back home with more flexible time. That rhythm is part of your career, but it also brings unique challenges when it comes to raising children. If you are going through a divorce, paternity matter, or otherwise establishing parenting rights or a time-sharing schedule, you need a process that respects your schedule, your privacy, and your children’s well-being.

Why Florida’s Standard Parenting Plans Often Fail for Professional Athletes

Typical custody schedules assume both parents live in the same area with relatively predictable routines. They rarely account for long stretches where one parent is away for work. For athletes, sticking to a week-on, week-off plan is impossible when games, travel, and training dominate half the year. Further, generic parenting plans don’t take into account what happens if you are traded or when you retire from professional sports.  Without flexibility and anticipation of future changes, you risk missing meaningful parenting time and leaving your children caught in the middle of scheduling conflicts.

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Why LGBTQ+ Professionals Choose Collaborative Divorce in Florida

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As an LGBTQ+ professional, you may already be carrying the weight of navigating a world that does not always recognize or protect your family the way it should. Whether you are “out” or prefer to keep parts of your personal life private, these times can feel especially heavy. Sadly, you may feel like many LGBTQ+ families today—under attack—whether from unfair legislation, social judgment, or even your own community.

When you are going through a divorce, the last thing you need is to have your private life, financial matters, or parenting decisions laid bare in a public courtroom. That’s why many LGBTQ+ professionals turn to Collaborative Divorce—a private, respectful, and forward-thinking way to resolve family matters without fighting in court.

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Protecting Your Florida LGBTQ+ Family

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If you or a member of your family identifies as lesbian, gay, bisexual, transgender, queer, or otherwise (LGBTQ+), you are likely feeling under siege from the rhetoric and actions of Florida and national politicians.  You may be wondering what you can do to protect your family’s rights.  This blog discusses steps that you can take to shore up your Florida LGBTQ+ family law rights.

Adopting Your Children

If you are in a same-sex relationship and have children with your partner/spouse, and if you are not a biological parent, you need to adopt your children.  This recommendation surprises a lot of families.  But I have seen heart-breaking situations where a couple splits up, the non-biological parent is denied recognition of their parenthood, and all contact is cut off between that parent and the children until the children are adults.

Even if your children were born during your marriage, if you are a non-biological parent, you should adopt.  Though there is a presumption that a child born during an intact marriage is the legal child of both parents, the likely applicable statute still uses language that only recognizes straight parents.  Section 742.11, Florida Statutes, states the following:

(1) Except in the case of gestational surrogacy, any child born within wedlock who has been conceived by the means of artificial or in vitro insemination is irrebuttably presumed to be the child of the husband and wife, provided that both husband and wife have consented in writing to the artificial or in vitro insemination.
(2) Except in the case of gestational surrogacy, any child born within wedlock who has been conceived by means of donated eggs or preembryos shall be irrebuttably presumed to be the child of the recipient gestating woman and her husband, provided that both parties have consented in writing to the use of donated eggs or preembryos.

When gestational surrogacy is utilized, section 742.13, Florida Statutes, still defines a “commissioning couple” as “the intended mother and father of a child who will be conceived…”

Because case law and legal presumptions can change, and because same-sex parents who utilize artificial insemination, in vitro fertilization, and other methods have not had their rights codified by statute, I urge you to look into adopting your children.

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April 2024 Florida Bar News Publishes Cordover Letter on Welcoming Transgender Clients

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The April 2024 edition of the Florida Bar News, a monthly newspaper that goes to all lawyers in Florida, published a letter to the editor (click on link and scroll down) submitted by Family Diplomacy managing attorney Adam B. Cordover.  The letter urged lawyers to be welcoming to all, including transgender clients.  You can find the letter reproduced below:

BE WELCOMING

With legislation targeting the transgender community and the general coarsening of public rhetoric, it is important for us lawyers to remember one thing: Transgender folks are people, too. They have hopes and fears, dreams and obligations, just like everyone else. They want to get a driver’s license, graduate from school, build a family, travel, and grow a career without being impeded or having to go into detail about their private lives.

My family law practice has welcomed transgender clients in a non-judgment atmosphere since its founding in 2010. We have done so not only because it is the decent thing to do — which it is — but also because it makes good business sense.

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LGBTQ+ Friendly Family Law Firm in Florida

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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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2023 Tampa Pride Guide

Family Diplomacy Sponsors 2023 Tampa Pride Guide

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Family Diplomacy: A Collaborative Law Firm is proud to sponsor the 2023 Tampa Pride Guide.  The Guide is published by Watermark Online.  According to Carrie West, president of the event, “We welcome everyone near and far to our great city of Ybor for the 9th Annual Tampa Pride.  We share this celebration with thousands of visitors to enjoy our community’s welcoming hand and spirit through our day long LGBTQ festivities.”

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

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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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Cordover & Gaies Present on LGBTQ Families & Relationships

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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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Can 2 Men or 2 Women Appear on a Florida Birth Certificate?

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Florida has not had the best history when it comes to the rights of same-sex couples.  For the longest time, the state had a law on the books that gay men and women were forbidden from adopting a child.  Florida not only enacted a so-called Defense of Marriage Act statute but enshrined its opposition to same-sex marriage in the state’s constitution.  Further, even once Florida courts ruled that the state must recognize marriage between people of the same sex, it was unclear whether the state would permit same-sex divorce.

Fortunately, the state has come a long way.  The “gay adoption ban” is no longer on the books.  The U.S. Supreme Court has ruled that a ban on the issuance of marriage licenses to same-sex couples is unconstitutional, as is a refusal of one state to recognize a same-sex marriage solemnized in another state.  And it has become clear that circuit courts in Tampa Bay and around the state must give same-sex spouses the opportunity to dissolve their marriage.

So, at this point, can two parents of the same sex appear on a Florida birth certificate?

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Divorce Lawyer Client Review: A Complicated Divorce Goes Collaborative

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Recently, I came across a very complicated divorce matter where two women had been battling in the court system for six years, even before the State of Florida recognized their marriage.  One of the women ended up firing her aggressive trial attorney and hiring me because I offered an alternative: collaborative divorce.  Once everyone agreed to stop fighting, we were able to reach an agreement within just a few months’ time.

Lawyer Adam Cordover | Top Attorney Divorce

That client, Pattie, recently wrote a touching review about my paralegal, Jennifer, and I at avvo.com.  You can find the review below.

As I am required to note by the Florida Bar, please understand that every case is different, and you may not receive the same or similar results.

The Law Firm of Adam B. Cordover & Staff are amazing, professional caring people. Please know that I don’t mean for this review to be long or boring, my intent is to shed hope & shine light into your present life from my past experience and situation.

My situation was very complicated from the start being a same sex marriage which for years was not recognized in the State of Florida until January 2015 and two properties involved.

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