Posted by Nydia Streets of Streets Law in Florida Same-Sex Family Law
Same-sex couples might decide to use assisted reproductive technology to have children. Florida law is unfortunately not clear on the rights of both parents in this situation, even when the parents are married. A recent appellate case certifies conflict with another case concerning the legal status of those who use artificial insemination or similar methods to bear children: Rivera v. Salas, 2D2022-4066 (Fla. 2d DCA July 19, 2024).
Posted by Nydia Streets of Streets Law in Florida Same-Sex Family Law
A same-sex couple can spend many years together and raise children together, but under the current state of Florida law, the party to the relationship who is not biologically related to the children may not have any parenting rights if the couple separates. This was an issue in the case Stabler v. Spicer, 1D21-1826 (Fla. 1st DCA November 2, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Child custody issues in Florida same-sex marriage cases face undeveloped law sometimes. This means, the court is left to sort out how to apply statutes to situations that likely were not considered when the statutes were originally drafted. A recent case sheds light on how child custody arrangements involving a same-sex marriage are evaluated when relocation is sought.
Posted by Nydia Streets of Streets Law in Florida Same-Sex Family Law
If a couple is together for many years prior to the time they marry, can the time they were together before they married be considered in determining how long alimony should be paid? Section 61.08 of the Florida Statutes provides the framework for deciding how long and how much alimony should be awarded. This was an issue in the case Taylor v. Davis, 1D20-561 (Fla. 1st DCA July 15, 2021).
Posted by Nydia Streets of Streets Law in Florida Same-Sex Family Law
One area of Florida family law that is evolving is same-sex family law, particularly as it relates to children born during a same-sex marriage who are not adopted by or biologically related to one of the parents. This issue arose in the case McGovern v. Clark, 5D19-1525 (Fla. 5th DCA June 12, 2020).
Posted by Nydia Streets of Streets Law in Florida Same-Sex Family Law
In a recent Florida appellate case involving same-sex family law, the court acknowledged “‘the law is slow to address" changes in this area ‘as society and medicine create new factual situations.’" In the case Springer v. Springer, 2D18-2265 (Fla. 2d DCA July 19, 2019), the court considered an appeal by a woman who wanted parental rights and timesharing with a child conceived during her relationship with her former partner.
Posted by Nydia Streets of Streets Law in Florida Same-Sex Family Law
Many same-sex couples in Florida chose to enter cohabitation agreements before same-sex marriage became legal in the state. In one recent appellate case, one couple got married after the entry of an alleged oral agreement. When they filed for divorce, an issue arose as to the existence of this oral cohabitation agreement.
Posted by Nydia Streets of Streets Law in Same-Sex Family Law
Before same-sex marriage became legal in Florida, many couples opted to enter cohabitation agreements which spelled out their rights and responsibilities in the event of their break-up. Although it is usually best to have a cohabitation agreement reduced to writing, Florida law recognizes oral cohabitation agreements between unmarried parties. The case Armao v. McKenney, 218 So.3d 481 (Fla. 4th DCA 2017) shows us how a court determines the existence of an oral contract in these cases.
