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Tag Archive for: gay marriage

Anti-Gay Language Stripped From Florida Adoption Laws

October 25, 2015/0 Comments/in Florida Statutes, 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 family law, LGBT family law rights, prospective adoptive parents, second parent adoptionby Adam

Up until recently, chapter 63 of the Florida Statutes, which contains the state’s adoption laws, was explicitly anti-gay.  Chapter 63 and adoption case law stated that whether prospective parents could adopt a child should be based on the best interests of the child, with one exception.

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That exception was laid out in Florida Statutes section 63.042(3) (2014), which provided that “No person eligible to adopt under this statute may adopt if that person is a homosexual.”

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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam2015-10-25 07:55:202016-03-02 15:58:42Anti-Gay Language Stripped From Florida Adoption Laws

Cordover Presents on LGBTQ+ Family Law in Sarasota

October 10, 2015/0 Comments/in Family Law News, LGBT Family Law Matters //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 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 parentsby Adam

Family Diplomacy’s managing attorney Adam B. Cordover gave a presentation on “The New Family: LGBTQ+ Issues & Family Law” at the 2015 Fall Conference of the Florida Court Professional Collaborative (FCPC) of the Twelfth Judicial Circuit.  The title of the Conference was “2015 Trends in Family Law.”

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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam2015-10-10 14:55:042024-02-13 15:42:05Cordover Presents on LGBTQ+ Family Law in Sarasota

Florida to Make Marriage Certificates Gender Neutral. What About Birth Certificates?

August 24, 2015/0 Comments/in LGBT Family Law Matters //Tags: gay adoption, gay and lesbian couples, gay and lesbian parents, gay marriage, gay marriage ban, gay parental rights, gay rights, lesbian adoption, lesbian parental rights, lesbian rights, LGBT custody rights, LGBT family law, LGBT family law rights, Office of Vital Statistics, same sex couples, same sex divorce, same sex marriage, same-sex parentsby Adam

According to a recent report in the Tampa edition of Creative Loafing, in light of the recent Supreme Court decision and issuance of marriage licenses to same-sex couples, Florida’s Office of Vital Statistics is making the state’s marriage certificates gender neutral.  From Creative Loafing:

Friday marked the anniversary of the anniversary of District Judge Robert Hinkle’s ruling that struck down the state’s gay marriage ban.

On the eve of that anniversary, LGBT equality advocates saw another small but symbolic victory, according to Equality Florida.Marriagecertificateweb.jpg

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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam2015-08-24 11:13:072016-03-03 17:17:43Florida to Make Marriage Certificates Gender Neutral. What About Birth Certificates?

Judge: Same-Sex Marriage Licenses Must Be Issued In Kentucky

August 19, 2015/0 Comments/in LGBT Family Law Matters //Tags: Defense of Marriage Act, Florida marriage laws, gay marriage, gay marriage ban, marriage equality, marriage license, same sex marriageby Adam

Despite Kentucky Clerk of the Court Kim Davis’ argument that issuing marriage licenses to same-sex couples violates her constitutional rights, a federal judge has ruled that the clerk must obey the law, do her job, and issue the marriage licenses.

In his order, the federal judge wrote, “It does not seem unreasonable for Plaintiffs, as Rowan County voters, to expect their elected official to perform her statutorily assigned duties.  And yet, that is precisely what Davis is refusing to do.”

A video from USA Today on the news can be found after the jump.

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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam2015-08-19 09:42:402016-03-03 17:24:49Judge: Same-Sex Marriage Licenses Must Be Issued In Kentucky

Keiba Shaw Media Statement on Tampa Same Sex Divorce Appeal

May 31, 2015/1 Comment/in Collaborative Divorce, Family Law News, LGBT Family Law Matters //Tags: Defense of Marriage Act, dissolution of marriage, gay and lesbian couples, gay marriage, gay rights, lesbian rights, LGBT family law rights, same sex couples, same sex marriageby Adam B. Cordover, Attorney-at-Law

On May 29, 2015, Florida’s Second District Court of Appeal released its opinion in the matter of Shaw v. Shaw.  It determined that Florida should give full faith and credit to a same-sex marriage entered into under the laws of Massachusetts, and that Florida courts have the authority to dissolve the marriage.

This has been a long, tough road, but this is truly a great day for equality.

Keiba Shaw has authorized the release of the following statement:

An uncontested divorce between a man and a woman in Florida can be resolved in as little as a month. That’s just four weeks to dissolve a negative situation that both parties agree needs to end. It doesn’t matter how long they were married or WHERE they were married.

My [soon-to-be] former spouse and I used a next generation process, collaborative divorce, that was designed to resolve conflicts in a manner that was private, non-litigated, peaceful, and respectful. We reached a full agreement on all issues in two meetings that were one week apart.

And yet, because my former spouse and I are both women, my divorce has taken more than a year to be granted and has unnecessarily disrupted my life and that of my family members. The legal complexities have limited my options and the resulting financial burden has made it harder to take care of my family the way I envisioned.

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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-Law2015-05-31 12:48:142015-05-31 12:48:14Keiba Shaw Media Statement on Tampa Same Sex Divorce Appeal

Florida Same-Sex Marriage – Will I Be On My Child’s Birth Certificate?

March 22, 2015/0 Comments/in Adoption, Case Law Update, Florida Statutes, LGBT Family Law Matters //Tags: birth certificate, Florida adoption, Florida case law, Florida Statutes, 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 family law rights, vital statisticsby Adam B. Cordover, Attorney-at-Law

It has long been the law in Florida that when a child is born during an intact marriage between a man and a woman, the husband shall be placed on the birth certificate.  Generally, this is the case even if the husband is not the biological father of the child; the right of the child to be considered “legitimate” is so strong that it does not matter whether there is an actual genetic connection between the child and the father.

Now that Florida’s ban on same-sex marriage has been declared unconstitutional by a federal judge and marriage licenses are being provided to same-sex couples, will a hospital put a woman on a birth certificate if her wife gives birth?

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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-Law2015-03-22 11:53:152016-03-11 10:22:17Florida Same-Sex Marriage – Will I Be On My Child’s Birth Certificate?

Is Florida’s Gay Adoption Ban Still On The Books?

March 14, 2015/1 Comment/in Adoption, Florida Statutes, Legislative Update //Tags: adoption, best interests, gay adoption, gay and lesbian couples, gay and lesbian parents, gay marriage, gay parental rights, gay rights, lesbian adoption, lesbian parental rights, lesbian rights, same sex couples, same sex marriageby Adam B. Cordover, Attorney-at-Law

Most people know that, for a long time, Florida did not permit gay individuals to adopt children.

Florida’s adoption laws were and are mainly based on the best interests of the child.  Even if a prospective adoptive parent were a convicted violent felon, the felony likely would not automatically prevent an adoption from happening; the judge would need to entertain evidence and make a determination about whether, despite the felony, the adoption was in the best interests of the adoptee.

But if a prospective adoptive parent were gay, and the judge knew this fact, there would be no analysis.  A gay person was not permitted under Florida law to adopt a child, regardless of whether it was in the child’s best interest.

However, that all changed in 2010, when Florida’s Third District Court of Appeals published its decision in In re the Adoption of XXG and NRG.

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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-Law2015-03-14 15:41:352016-03-11 10:14:45Is Florida’s Gay Adoption Ban Still On The Books?

Can I Now Divorce My Same-Sex Spouse in Florida?

January 6, 2015/1 Comment/in Case Law Update, Collaborative Divorce, Family Law News //Tags: collaborative divorce, Defense of Marriage Act, dissolution of marriage, divorce, DOMA, gay and lesbian couples, gay and lesbian parents, gay marriage, gay marriage ban, gay rights, lesbian parental rights, lesbian rights, LGBT family law, LGBT family law rights, same sex couples, same sex divorce, same sex marriage, same-sex parentsby Adam B. Cordover, Attorney-at-Law

Last week, Federal Judge Robert L. Hinkle clarified his ruling in Brenner v. Scott to state, definitively, that the U.S. Constitution requires Florida clerks of court to issue marriage licenses to same-sex couples.  This has brought great jubilation that marriage equality is finally recognized in Florida.  Clerks throughout the state (including in my own Hillsborough County) have begun issuing marriage licenses, and some even have officiated over marriages.

Hillsborough County Clerk Of The Court Pat Frank Officiates Over A Mass Same-Sex Wedding

Hillsborough County Clerk of the Court Pat Frank Officiates Over a Mass Same-Sex Wedding

However, is same-sex marriage yet completely equal in Florida?  Is it recognized for all purposes in Florida, including for purposes of dissolving that marriage?

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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-Law2015-01-06 14:13:382016-03-11 10:03:27Can I Now Divorce My Same-Sex Spouse in Florida?

Florida Same-Sex Annulment

November 26, 2014/0 Comments/in Case Law Update, LGBT Family Law Matters //Tags: annul, annulment, collaborative divorce, dissolution of marriage, divorce, Florida Constitution, Florida court, gay and lesbian couples, gay marriage, gay marriage ban, gay rights, lesbian rights, same sex couples, same sex divorce, same sex marriage, same-sex parentsby Adam B. Cordover, Attorney-at-Law

As Florida does not currently recognize same-sex marriages, some judges have interpreted the state’s ban as precluding them from granting same-sex divorces.  I am involved in a case in which two women married in Massachusetts, moved to Florida, and separated.  They utilized the interdisciplinary collaborative process to come to a full settlement agreement and filed a petition for dissolution of marriage in Tampa.  The judge ultimately denied their petition, determining that she did not have jurisdiction to dissolve that which the state does not recognize.

And we appealed.  This has become the first divorce matter in Florida to challenge Article I, Section 27 of the Florida Constitution banning recognition of same-sex marriage.

In the meantime, the gay marriage ban is still in effect.  So is there anything that same-sex spouses can do to legally end their marriage in Florida?

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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-Law2014-11-26 10:08:522016-03-11 09:57:48Florida Same-Sex Annulment

Tampa Same Sex Divorce Appeal: Text of Answer Brief

October 13, 2014/2 Comments/in Case Law Update, Collaborative Divorce, Family Law News, LGBT Family Law Matters //Tags: Defense of Marriage Act, DOMA, gay and lesbian couples, gay and lesbian parents, gay marriage, gay parental rights, gay rights, lesbian rights, LGBT family law rights, same sex couples, same sex marriageby Adam B. Cordover, Attorney-at-Law

We know all men are not created equal in the sense some people would have us believe – some people are smarter than others, some people have more opportunity because they’re born with it, some men make more money than others, some ladies make better cakes than others – some people are born gifted beyond the normal scope of most men.

But there is one way in this country in which all men are created equal – there is one human institution that makes a pauper the equal of a Rockefeller, the stupid man the equal of an Einstein, and the ignorant man the equal of any college president.  That institution … is a court.  It can be the Supreme Court of the United States or the humblest [lower] court in the land. . . . Our courts have their faults, but in this country our courts are the great levelers, and in our courts all men are created equal.

Lee, Harper. To Kill a Mockingbird, pg. 274 (1960).  Mockingbird is a timeless novel set in the fictional town of Maycomb, Alabama in the 1930’s.  Discrimination was the norm and “separate but equal” ruled the day.  Plessy v. Ferguson, 163 U.S. 537 (1896).  The words are from a different time, yet they apply directly to the laws being challenged in this Court.

You can find the answer brief in the Tampa same sex divorce appeal at the following link: 2D14-2384 Shaw Appellee’s Answer Brief.

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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-Law2014-10-13 19:07:522016-03-11 10:58:11Tampa Same Sex Divorce Appeal: Text of Answer Brief
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