Custody and Timesharing for Same-Sex Couples

Attorney Serving Families in the Boca Raton Area

Many same-sex couples in Florida raise children during their relationship or marriage. When same-sex parents separate or divorce, they may face issues regarding custody and timesharing schedules for their minor children. If you are concerned about custody and timesharing for same-sex couples, an attorney can discuss your options and help you pursue a satisfactory arrangement. At the Law Office of Jessica Mishali, we understand that child custody matters can be a difficult and emotionally trying experience for any parent. Boca Raton child custody lawyer Jessica Mishali can help same-sex parents navigate through these challenging areas with compassion and can provide candid legal advice about custody and timesharing arrangements.

Custody and Timesharing for Same-Sex Couples in Florida

When a same-sex couple with children divorces in Florida, the court-approved parenting plan dictates how they will share parenting responsibilities and time with their minor children. In many ways, reaching an agreement outside of court and presenting the terms of the parenting plan and timesharing schedule to the judge for approval can be beneficial for both parents and their children. If the parents cannot agree, however, the judge will decide the terms of the parenting plan that are in the best interest and welfare of the child.

Florida statutes governing shared parenting rights and responsibilities apply equally to same-sex parents as well as opposite-sex parents. Custody disputes may involve married or non-married same-sex couples seeking a court order to determine their parenting and timesharing rights. Under Florida law, no preference or presumption is given in favor of one parent over the other based on their sex, gender identity, or sexual orientation. Nevertheless, some same-sex couples may face distinctive challenges with respect to child custody issues and parental rights.

Establishing Parental Rights

When seeking timesharing and parental responsibility of a child in a Florida same-sex divorce or after a break-up, it may be necessary to establish your relationship and legal status with respect to the child. Florida courts generally have denied visitation to anyone who is not a parent. Without a biological, adoptive, or legal connection to the child, a person may have a hard time gaining custody rights, even if they were involved in the child’s life from the start. For same-sex couples, and particularly unmarried same-sex couples, establishing parentage may be crucial to obtain custody and timesharing rights.

For example, when a same-sex couple adopts a child, their parental status can be verified by the adoption records and other legal documents. However, when only one person legally adopted the child and the couple never married, it may be difficult for the non-adoptive person to establish their parental rights. Another example concerns same-sex parents of children who were born through artificial insemination, in vitro fertilization, and/or delivered by surrogacy. Although their child may be biologically related to only one parent, both same-sex spouses can be listed on the child’s Florida birth certificate, or the non-biological spouse may legally adopt the child. A person may also complete a second-parent or step-parent adoption of their partner’s child with the consent of the other legal parent. A lawyer who practices family law can advocate on your behalf and protect your relationship with your child in custody and timesharing matters.

Contact an Attorney in Boca Raton to Discuss Your Options

Disputes over custody and timesharing for same-sex couples can be stressful, but a lawyer in Boca Raton can guide you through the process. Attorney Jessica Mishali can assist with same-sex divorces, child custody, timesharing, modification of a parenting plan, and other complex family law issues. Our law office serves people located throughout Palm Beach, Broward, and Miami-Dade Counties, particularly Fort Lauderdale, Boca Raton, Boynton Beach, Delray Beach, Jupiter, Plantation, Stuart, Indiantown, Royal Palm Beach, Wellington, Pembroke Pines, Davie, Coral Springs, Hobe Sound, Hollywood, Hallandale Beach, Jensen Beach, Pompano Beach, and Palm City. Contact the Law Offices of Jessica Mishali, P.A. online or call (561) 833-2772 to request a consultation.