Child Custody and Visitation for Same-Sex Couples in Florida

Child Custody and Visitation for Same-Sex Couples in Florida was recently discussed by the Florida Court of Appeal in a case captioned Springer v. Springer. In Springer v. Springer a child was born to a biological mother while she was in a same-sex relationship. Her partner asked the Court to recognize a parenting plan that both parties entered into. The parties started their relationship in the State of Ohio. The Biological Mother became pregnant by a donor’s sperm. The Former Partner had no biological connection to the child. The parties entered into a timesharing agreement which contained a provision that the parties were to share timesharing and parental responsibility. The parties separated after they moved to Florida. The parties did not marry and the child was not adopted by the Former Partner. The Former Partner sought time-sharing and parental responsibility of the child.

The Florida Court of Appeal ruled that a Child Custody and Visitation co-parenting agreement between a nonparent and a biological parent is unenforceable under Florida Law. The Court ruled that the time-sharing and parental responsibility provisions contained in the Florida Statutes only apply to parents, not to nonparents. A nonparent in a same-sex relationship has no standing to assert parental responsibility or time-sharing rights. A birth mother’s rights that are protected by the Constitution. These Constitutional rights prevail over a partner’s claims, when that partner is not the biological or legal parent. A partner who does not have a biological or legal connection to a child does not have Child Custody and Visitation rights under Florida law.

To speak with a same-sex divorce attorney in West Palm Beach, Florida, contact Matthew Lane & Associates, P.A. at (561) 363-3400.

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