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Posted by jjlawfl on March 7th, 2019

For a Florida Court to grant a dissolution of marriage with minor children, a written time-sharing plan is required. Simply stated, time-sharing is the amount of time each parent spends with the kids. Florida Statute § 409.25633 states that the best interest of the child (not the parent!) is the primary objective of a time-sharing plan. Further, the Statute states that there is no presumption for or against either parent when creating a plan.

The statutes that govern traditional divorce legal issues apply to same sex divorce cases governing issues such as alimony and custody. However, it is important to know that custody matters among same sex couples can present unique challenges. For example, the parties’ children may be biologically related to one of the same sex parents or perhaps unrelated to either of the parents. Often, in this scenario, the children will be adopted by one or both of the nonbiological parents. If the adoption was not completed before the parties filed for divorce, their custody rights may be even more complex and uncertain. The reality is that same-sex marriage and divorce is new, there is little precedent that clearly addresses the issues that confront same sex couples. This is one reason you should call a Same Sex Divorce Lawyer in Orlando Serving the LGBT Community.

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