Child Support

Legal marriage for same-sex couples has only been widely recognized since 2015. The legal landscape regarding same-sex marriages and same-sex divorces is constantly evolving. While more people today are free to marry who they wish, the dissolution of your marriage can lead to confusion If you are facing a same-sex divorce and have children with your spouse, you may have questions regarding your visitation rights. Visitation rights depend on parental status Fortunately, there are now many options for same-sex couples to establish parental status. If one party is the biological parent, parental status is automatic. Adoption is a common method for nonbiological partners to gain parental status. In Florida, however, you must be legally married to obtain a joint or stepparent adoption. If you do not go through the process of obtaining legal parental rights for your child, you will not receive custody or visitation rights during a divorce. While the process of legally adopting your child may seem cumbersome, it is worth the trouble. Not only in divorce issues, but instances of sickness or death of your partner may leave you with no rights to your child whatsoever if you do not establish legal parental rights. Obtaining parental status as a nonbiological parent There is still more that needs to happen to ensure the rights of same-sex parents. In the end, it is still up to the court to determine if granting you legal parental status is in the best interests of the child. While laws prohibit discrimination based on sexual preference, prejudices still exist that may influence the decision. Be sure to document everything in case you must seek legal counsel.

Your initial child support order may not cover your child’s needs as he or she enters school and becomes a teenager. When circumstances change, either parent can request a child support modification in Florida. 

Sharing time with your child may not be your first choice, but when your son or daughter spends time living in the homes of both parents, it may lead to lifelong benefits. If that joint-custody arrangement was not your initial preference, understanding how it may benefit your child may help you ease into the transition and adjust to your new normal. 

It is easy to understand how parents can get upset when dealing with child custody matters. It’s likely that divorcing couples didn’t get along very well when they were married, and now they have to work together to create a custody arrangement.

As an LGBT parent, you know that state and federal laws have not always been in your favor, to put it mildly. At the Law Office of Cheryl Bucker, we know that, while the changes that marriage equality has brought have been welcome, they can also be confusing. It is important to clear up any legal uncertainty regarding your parental rights as soon as possible.

Sharing custody of children is usually best for the family, as it allows kids to have strong bonds with both parents. That does not mean that shared custody is easy to navigate. In fact, many parents have a hard time coming to terms with child-rearing issues when custody is shared. Here are a few tips and tricks you can use to make the process much simpler.