Tag Archive for: time-sharing

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

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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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What is a Florida Parenting Plan?

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For every Florida divorce case in which child custody issues are being decided, the judge must enter a parenting plan.

A parenting plan is a document that sets out parents’ rights and responsibilities towards their children.  The parenting plan will explain each parent’s right to make major decisions concerning the children (such as education or medical decisions).  The parenting plan will also flesh out each parent’s right to spend time with the children and detail which specific days the children will sleep overnight at each parent’s home.

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Rights Recognized in Tampa’s Domestic Partnership Registry

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As President Obama today expressed his support for gay marriage, the State of Florida continues to define marriage as “a legal union between one man and one woman,” leaving homosexuals in loving relationships in a state of legal limbo.  Attempting to fill in the gap, many local county and municipal governments are passing “domestic partnership registries” which codify certain rights to heterosexual and homosexual partners.  Tampa, for one, has passed an ordinance creating a domestic partnership registry.

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?]

Tampa’s domestic partnership law recognizes the following rights for registered partners (to the extent that these rights are not superseded by other laws or ordinances or by contract):

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Do Fathers Ordered to Pay Child Support Have Custody Rights?

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I see it all the time.  A mother requests state welfare benefits, and the Florida Department of Revenue inquires as to whether the mother is receiving child support from her child’s father.  The answer is no, and the Department of Revenue then initiates an administrative action to get the father to financially support his child.

Sometimes, the father admits that he is the child’s parent, and other times paternity is established through genetic testing, but the ultimate result is that the father is ordered to pay child support.

So, then, since he is paying support, does the father automatically get custody rights?

Though a mother should encourage a loving and continuing relationship between her child and the child’s father, the father does not automatically get custody rights.

However, the father can establish those rights.

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Disparaging The Other Parent Hurts Your Child And Your Florida Child Custody Case

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Rosalind Sedacca, a divorce and parenting coach and author, writes about why parents should not bash one another in front of their children:

When you put down their other parent, your children are likely to interpret it as a put-down of part of them. When both parents are guilty of this behavior, it can create a great confusion along with a sense of unworthiness and low self-esteem. “Something’s wrong with me” becomes the child’s unconscious belief.

***

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Appellate Judges Discuss Collaborative Divorce in Meeting of Hillsborough and Pinellas Family Law Attorneys and Judges

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I recently had the opportunity to attend a joint meeting of the Tampa Bay Family Law Inn of Court and Pinellas County’s Canakaris Inn of Court.  The guest speakers were three judges from Florida’s Second District Court of Appeals:  Chris Altenbernd, Edward C. LaRose, and Robert Morris.  I had the opportunity to discuss collaborative divorce with the appellate judges.  The following excerpt of a Collaborative Divorce Institute of Tampa Bay article describes a portion of the meeting and my discussions:

 Judge Chris Altenbernd (who served as chief judge from 2003-2005) observed that, by the time divorce and paternity cases reach the appellate level, both parties have almost invariably already lost:

“You have families that are being torn apart, and the parties are arguing often for the sake of arguing, not putting children’s issues and the families’ financial future first.”

Judges Edward C. LaRose and Robert Morris agreed.

The Second D.C.A.'s Judge Chris Altenbernd and CDITB Membership Chair Adam B. Cordover Discuss Collaborative Divorce (April 4, 2012)

The Second D.C.A.’s Judge Chris Altenbernd and CDITB Membership Chair Adam B. Cordover Discuss Collaborative Divorce (April 4, 2012)

Judge LaRose then asked the attorneys in the audience whether collaborative practice was being utilized in Pinellas and Hillsborough counties. Collaborative Divorce Institute of Tampa Bay membership chair Adam B. Cordover answered their question. “The practice of collaborative family law is growing in Tampa Bay. Last year, the Collaborative Divorce Institute of Tampa Bay provided training to instruct more attorneys, mental health professionals, and financial experts on how to handle collaborative divorce cases in a way that is private, individually-tailored, respectful, and takes into account the best interests of any children involved.  In short, we collaborative professionals are carrying out the ideal of ‘therapeutic jurisprudence.’”

Judge Altenbernd later relayed to Mr. Cordover that he supports the collaborative process, especially in divorce cases where issues of child custody and parenting plans are involved.  ”I just think more people need to seriously consider the family-focused process of collaborative divorce rather than fight it out in the court system.”

Attorney Adam B. Cordover has completed advanced training in interdisciplinary collaborative family law.  He is on the Board of the Collaborative Divorce Institute of Tampa Bay and is a member of the International Academy of Collaborative Professionals.

If you have questions regarding collaborative divorce and you wish to speak with a Tampa Bay collaborative attorney, contact The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or by completing our online form.

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

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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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Can Smoking Affect Your Child Custody Case?

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As a former cigarette smoker, an article in the Washington Times regarding smoking and child custody piqued my interest. Below is an excerpt:

States are increasingly factoring in cigarette smoking in making decisions about who gets custody of minor children. The group Action on Smoking and Health, an anti-tobacco advocacy group, surveyed custody issues involving cigarettes and tobacco use.

  • In at least 18 states, courts have ruled that subjecting a child to tobacco smoke is a factor which should be considered in deciding custody.
  • No judge and no court has ever ruled that subjecting a child to tobacco smoke should be ignored in deciding custody.
  • In thousands of cases, courts have issued orders prohibiting smoking in the presence of a child, especially in vehicles.

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Prenuptial Agreements: Uniform Premarital Agreement Act

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No matter the reason that parties enter into a prenuptial agreement, there are certain issues that may be agreed upon and other issues that Florida public policy prohibit parties from agreeing on prior to marriage.

For example, a clause in a prenuptial agreement defining a visitation or time-sharing schedule with respect to the parties’ unborn children would not be enforceable.  This is because a time-sharing schedule must be based on the best interests of a child, and it is difficult to define and anticipate those best interests before the child is born.  Similarly, a prenuptial agreement may not restrict a child’s right to financial support.

So, what may be agreed upon in a prenuptial agreement?  Section 61.079 of the Florida Statutes, known as the “Uniform Premarital Agreement Act,” specifically states that the following may be settled in a prenuptial agreement:

1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;

2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;

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Helping Teens Cope With Divorce

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I came across a great article at the Divorce Saloon concerning how parents with teenagers can help their children deal with divorce.  Towards the bottom of the article the author, Brenda Monteau, provides these five tips:

1) Set boundaries. Just because you are divorced doesn’t mean that you allow your teen to do whatever he or she wants. Don’t let your guilt of “breaking up the family” get in the way of parenting. Just because teens are older than younger kids doesn’t mean they don’t need boundaries, or that they don’t need their parents to act like parents.

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