HIV AIDS & Florida Child Custody
May a Florida Family Law Court deny a parent custody rights solely because he or she has HIV or AIDS?
According to section 61.13(6), Florida Statutes, the answer is no, but the court may take some actions.
Tag Archive for: sexual orientation and child custody
Private Child Custody Proceedings: Florida Collaborative Practice
/1 Comment/in Collaborative Divorce //Tags: bisexual parental rights, child custody, child custody case, child custody determination, co-parenting, collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, Collaborative Law, collaborative mental health professional, collaborative practice, Florida child custody, gay and lesbian parents, gay parental rights, grandparent rights, International Academy of Collaborative Professionals, lesbian parental rights, parent child relationship, parental responsibility, parental rights, parenting plan, same sex couples, sexual orientation and child custody, shared parental responsibility, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Law, temporary child custodyby Adam B. Cordover, Attorney-at-LawWhen people are seeking to gain child custody rights in Florida – whether through divorce, paternity, establishment of parenting plan, grandparent custody, or other proceedings – the first step they usually take is file a petition with the Clerk of the Court.
Generally speaking, this is a mistake.
By filing a petition, they are entering into the public court system which pits mother against father. This is an adversarial system which oftentimes leads parties to engage in emotionally and financially draining court battles, and all dirty laundry gets examined and aired.
But there is another way, a private way of determining parental responsibility and child time-sharing schedules. It is called collaborative practice, also known as collaborative family law.
In A Florida Child Custody Case, Does It Matter That I Am Gay?
/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-LawI 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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