Same sex couples may have gained the right to marry, but as with any marriage, there will come a time when some of those marriages may end. If you find yourself in this situation, you should be aware that some courts in Florida may not be well adjusted to determining custody for children in this situation. Because same sex couples use various different methods to have children, there are cases where only one of you may be the actual legally recognized parent.
According to The Spruce, not every court will grant parental rights to a parent who is not legally recognized as the child's parent, which is usually done through adoption. For example, if your spouse has legally adopted a child and you have become that child's other parent, then you should have formally adopted the child, too. Another example, which may lead to more issues, is if your spouse actually shares DNA with the child. For example, if your partner provided the egg and carried the child, then she is the biological mother. If you do not adopt the child, then she has the most power in the situation when it comes to custody.
Ideally, to make custody issues much easier, you need to make sure you have formed a legal connection to your children. While some courts may look to how you raised the child together, how you have supported the child and the things you did with the child that made you his or her parent, not all courts will. So, it is always best to go through a former adoption process to avoid trouble with custody. This information is only intended to educate and should not be interpreted as legal advice.