Child Custody Issues During a Same Sex Couple Divorce

Apr 28, 2015

With the rise of same sex marriage in the state of Florida also comes with a whole new set of issues for the courts to determine. When a same sex couple chooses to divorce and they have children, whether it be through surrogacy or through adoption, what we are going to find is that the same issues present themselves for the parents. Those issues include but are really not limited to things like child contact schedules, which parent exercises which days with the child. Another issue that presents itself is child support. It’s driven by statute, it’s driven by income and other factors, but the same formula will apply whether it is a same sex couple divorcing or a heterosexual couple divorcing, and child support will have to be established. Another issue that will present itself when same sex couples who have children choose to get a divorce is that the court requires what is called a parenting plan. That parenting plan is a written document that is either agreed to by the parties or entered by the court if the parties cannot agree. That parenting plan should be specific, outlining each parent’s rights and responsibilities. So, in conclusion, what we will find is that whether you are a heterosexual couple getting a divorce or a same sex couple getting a divorce, when there are children present there are issues and those issues will remain the same.

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