Who Gets Child Custody in an LGBTQ+ Relationship?

In 2015, the United States legalized same-sex marriages across the country. This meant that LGBTQ+ couples could now utilize court systems when experiencing issues in their marriage; furthermore, these individuals could also receive assistance in determining child custody arrangements.

In Florida, this is also known as a “time-sharing” arrangement. Determining time-sharing arrangements is an important component of the divorce process; however, it is important to note that same-sex couples may encounter unique issues.

Custody Basics

The basics of custody are important to understand in any situation. In Florida, several factors are taken into account when determining the best arrangement for a child in a same-sex relationship.

  • Each spouse’s ability to parent.

  • Each spouse’s relationship with the child.

  • What the child wants.

It is important to note that these are not the only factors that go into determining a fair custody arrangement. Furthermore, keep in mind the challenges same-sex couples may face.

Challenges for LGBTQ+ Couples

For same-sex or LGBTQ+ couples, the route to parenthood may look different. For example, they may choose to go through in vitro fertilization. One partner may not share genes with their child, and may also not be listed on the birth certificate. In these cases, it can be difficult for the parent that does not share genes to gain custody. Why? Because Florida requires both individuals to establish legal parenthood in order to access custody and visitation rights.

If the child is from a previous marriage, the partner will need to adopt the child in order to have parental rights. Or if the child was born during the marriage, both parents can adopt the child or the non-biological parent can be added to the birth certificate. This will give both parents access to custody and visitation rights.

Finding Attorneys That Understand

In order to determine the fairest custody arrangement, it is important to have an attorney to assist in the process. Furthermore, if you are going through an LGBTQ+ divorce, certain attorneys may have more experience and knowledge in that area of practice. At Orshan, Spann & Fernandez-Mesa we understand the importance of same-sex advocacy, and seek to provide our clients with comprehensive legal services.

Are you going through an LGBTQ+ divorce and need assistance? Our Coral Gables divorce attorneys can provide you with the guidance that you need during this time. Call us today at (305) 853-9161 or contact us online to schedule an initial consultation with our team.