Divorce is difficult – especially for same-sex couples who worry whether or not the court may treat their family differently. Fortunately, the sexual orientation of the parents is not a statutory factor, which often means it has no bearing on a court’s decision to determine custody. Instead, the deciding factors involve the child’s best interests. Knowing this can help you approach custody decisions with clearer expectations.
How do courts in Florida decide custody in a same-sex divorce?
Florida does not use the term “custody” as an official main label. Instead, courts use terms such as “parenting plans” or “time-sharing” under Florida Statutes Section 61.13. Parents being of the same sex typically has no bearing when it comes to determining parenting plans and schedules. However, they must be able to prove their legal parentage.
Parentage determines whether you have enforceable rights to seek time-sharing and decision-making authority. It also affects whether or not the court includes you in the parenting plan. In addition to legal parentage, key points that often matter in custody disputes include:
- Each parent’s demonstrated ability to meet the child’s needs and support a stable routine
- Each parent’s willingness to encourage a close parent-child relationship and honor the time-sharing plan
Courts use these factors to determine the best interests of a child. After the court reviews the case, it sets a plan that aims to protect the child’s stability and development. Ultimately, courts will try to create parenting plans that are beneficial for the child and possible for either parent to follow.
What should same-sex parents expect?
Same-sex parents can expect Florida courts to use the same best interests standards as in any other custody case. The health, safety and stability of a child will hold more weight than the sexual orientation of each parent in such disputes. Courts will likely require a detailed parenting plan covering decision-making, time-sharing and communication.
However, if the court questions the parentage of either you or your spouse, it is important to collect evidence. Gather documents such as birth records, parentage documentation, adoption orders or prior court rulings to protect your legal rights and avoid potential delays.