McGuire Law Offices Serving Clearwater, Pinellas County and Tampa Bay Florida

Pinellas County divorce, bankruptcy, personal injury and criminal law

  • Home
  • Attorney Profiles
    • John F. McGuire Esquire
    • Gino A. Megna, Esquire
    • Larry C. Hoffman, Esquire
  • Practice Areas
    • Personal Injury Cases
    • Family Law
      • Restrictions on Relocation
      • Domestic Violence
      • Child Custody
      • Prenuptial
      • Annulment
      • Contempt
      • Alimony
      • Divorce
      • Attorney Fees
    • Criminal Law
      • DUI
      • Felony of all types including capital crimes
      • Misdemeanors
      • Expunging
    • Traffic Tickets
      • Fix Your Traffic Ticket for $69
    • Estate Planning
    • Bankruptcy
  • Support Our Troops
  • Directions
  • Legal Opinionator
  • Contact
  • T
  • FB
You are here: Home / Legal / Are you able to get custody after a same-sex divorce?

Are you able to get custody after a same-sex divorce?

July 25, 2016 By McGuire Law Offices

With same-sex marriage now legal across the United States. LGBT parents are finding that divorcing can create some unique issues. One of the main areas is the problem of who gets custody of the children when the couple divorces because both are not biological parents of the child.

LGBT couples use a variety of avenues to have children, ranging from adoption to a sperm or egg donor and in vitro fertilization. While it’s not something the parties are usually thinking about at the time, which method the couple uses can have a serious impact on the custody case later on.

If the child is formally adopted by both parties and both are given legal parental rights, the custody case will usually continue as any other. However, is the latter case when one party is the biological parents of the child and the other is not, it can be much more complicated.

In these situations, it can be very difficult for the other party to get visitation rights at all, let alone a joint custody arrangement. This is because the courts still have not caught up to the changes in the last decade or so, and same-sex partners are not automatically given equal parental rights in some cases.

Ideally, couples should consult with a family law attorney before starting their families so that they are fully informed on what the implications will be for custody and visitation should things not work out. However, if you are already in the process of divorce and concerned about your legal rights, discussing your case with a Clearwater lawyer in the first step in the right direction. Contact McGuire Law Offices online or by phone to schedule a free complimentary consultation.

 

Source: National Center for Lesbian Rights, “Child Custody and Visitation Issues for Lesbian, Gay, Bisexual, and Transgender Parents in Florida.”

Tagged With: clearwater custody lawyer, clearwater same-sex custody lawyer, florida custody lawyer, same-sex custody lawyer

Past Commentary

  • Pasco County Sheriff Chris Nocco’s Dirty Little Secret
  • Are We Safe from Police Searches and Seizures?
  • Judge Says Man Too Old to Kill Again, Guess What Old Man Does?
  • Largest Opioid Settlement Ever Paid by British Firm
  • You’re Not Paranoid, You Are Being Watched
  • Face App Has Gone Viral But What About Your Privacy
  • Cops Gone Bad
  • Florida ER Doc Says He Sees More Patients Because of Distracted Driving than DUI
  • Those Who Cannot Remember the Past are Condemned to Repeat It
  • Insurance Companies Control Your Healthcare not Doctors
  • 4th of July and DUI
  • PTSD and our Vets
  • We Build Wider Roads with Ample Bicycle Lanes, They Still Die
  • The Devil Made Me Do It?
  • Illinois Latest State to Legalize Marijuana. . . But There’s More
  • In a Huge Win for Law Enforcement, Supremes Say Police Can Take Blood from Unconscious DUI Suspects
  • Abused Woman Takes Guns from Former Husband’s Home Faces Grand Theft Charges
  • VA Wants Proof Before Helping Vets Who Suffered Sexual Abuse
  • Sarasota Sheriff Believes New Texting While Driving Law is Unenforceable
  • Driving While High-DUI and Marijuana Use
  • I Got a DUI but I Didn’t Feel Drunk
  • Character Evidence, Prior Bad Acts, and the Justice System
  • Medical Marijuana is Legal in Florida But Smoking it May Keep you from Getting a Job
  • How Domestic Violence Affects a Divorce Case in Florida
  • Pill Sharing is Illegal and Dangerous
  • Pasco County Jail Has a Drug Problem
  • Stand Your Ground Doesn’t Hold Water with Tampa Judge
  • Can Heat of Passion Be Used as a Defense?
  • The Devil Made Me Do It
  • Florida Alimony Reform Will Have to Wait Until Next Year
  • Military Vets in a Catch-22 Over Marijuana Use and Employment
  • Florida Governor Bans Child-Like Sex Dolls
  • Eighth Amendment Another Constitutional Protection
  • More Rights Afforded to Alleged Criminals and Why That’s Important
  • Plea Deals Endangers Privileges of 6th Amendment

More Opinionator by John McGuire Esq.

Search

We are located in Clearwater, Florida

Click

John McGuire Law Offices
1173 N.E. Cleveland Street
Clearwater, FL 33755

Phone: 727-446-7659
FAX: 727-446-0905

Get Directions

Contact us for a complementary consultation

Click to contact us

Contact Us

Support Our Troops

Click to contact us

How you can help

Million Dollar Advocates Forum

Copyright © 2019 · McGuire Law Offices · Log in
Disclaimer