Category Archives: Case Law Update

In A Florida Child Custody Case, Does It Matter That I Am Gay?

I have been seeing more clients who are coming out of the closet either during or following their divorce (or during a child custody case not related to divorce). Each client has asked whether the Florida court is going to … Continue reading

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Florida Appellate Court Recognizes Parental Rights of Both Lesbian Mothers in Case of Fertilized Egg Transplant

Here’s the story:  Two women are in a committed lesbian relationship when they decide to have a child together using reproductive technologies.  One woman (the “Genetic Mother”) supplies the egg and has it fertilized.  That egg is then implanted into … Continue reading

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Does Florida Recognize Common Law Marriage?

You may have heard about common law marriages. Generally speaking, they are unions in which the couple has not been licensed for marriage by the state but have lived with one another for a certain period of time and have … Continue reading

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Divorce and “No Fault”

Since last year, New York, like Florida, has become a “no fault” divorce state.  Generally, this means that spouses don’t have to allege wrongdoing to have their marriage dissolved.  A petitioner simply has to allege that the marriage is broken … Continue reading

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New York Recognizes Gay Marriage. Do Floridians Have Options?

Beginning July 24, 2011, gay couples in New York will be able to apply for a marriage license.  This will make New York the sixth and largest state to recognize gay marriage. Florida, unlike New York, does not permit gay … Continue reading

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Financial Assistance Received on Behalf of a Child: Income for Child Support Purposes?

A parent may be receiving government benefits not only for him or herself, but also independent benefits designated for his or her child.  Are the benefits received on behalf of the child considered income for purposes of calculating child support? … Continue reading

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