Child Custody Issues In Same-Sex Divorce

With the recognition of same-sex marriages comes the reality that not all marriages last. Same-sex couples who divorce have the same rights and protections in Florida courts as partners of different sexes. However, if you or your partner has children, determining who has the legal and physical custody, and whether the other partner has visitation rights, can be complex.

The Law Office of Philip J. Schipani represents gay, lesbian and transgender parents in child custody disputes related to divorce. If you are concerned about your rights as a parent entering a divorce, we invite you to call 941-549-8981 to schedule a consultation. From our office in Sarasota, we represent families throughout southwest Florida.

Same-Sex Couples And Parental Rights

Your rights as a parent will depend on when and how the child was acquired. That could be through:

  • Adoption
  • A prior heterosexual relationship
  • Assisted reproduction

If the child was born or adopted before the marriage, only one parent may be the legal parent. In that case, the other partner may not have custody or visitation rights. However, if the other partner adopted the child during the marriage, he or she may have a right to a continuing relationship with the child after divorce.

Contact A Florida Same-Sex Divorce Attorney

Our office hours are 8:30 to 5:30, Monday through Friday, but our lawyers are happy to meet with you and answer your questions during evening and weekend hours. Contact us to arrange a consultation.