LGBTQ+ Family Law: Adoption, Custody, and Divorce

At Rhoden Law Group, we understand that LGBTQ+ family law cases come with unique considerations. Whether you’re navigating adoption, divorce, or custody, our goal is to provide you with clear guidance based on Florida law and your specific situation in Melbourne, Viera, Titusville, Palm Bay, or other Brevard locations.

Establishing Legal Parenthood in Same-Sex Families

When only one parent is biologically related to the child, the other parent must have a legal adoption to secure parental rights. Without legal adoption, the court will not grant parental rights in a divorce or custody dispute. If you are in a same-sex marriage and have children together, ensuring both parents have legal rights through adoption is critical. If an adoption has not yet been completed, delaying a divorce until it is finalized may be the best way to protect parental rights.

Dividing Property in a Same-Sex Divorce

If you and your spouse were together before same-sex marriage became legally recognized, property division in a divorce may be more complex. Florida follows equitable distribution laws, meaning that marital property is divided fairly—but not always equally. However, property acquired before legal marriage may not automatically be considered marital property under Florida law. If you and your spouse jointly own assets from before your legal marriage, we can help you understand how the courts may treat those assets and explore ways to ensure a fair division.

Co-Parenting After Divorce

Co-parenting after a divorce is often challenging, especially if personal values and lifestyles change. One parent’s sexual orientation or relationship status alone does not impact their right to a fair parenting plan. In Florida, courts prioritize the best interests of the child, and a parent’s new relationship will only be a concern if there is evidence of harm or risk to the child. We work with our clients to develop parenting plans that protect their rights while fostering stability for their children.

At Rhoden Law Group, we are committed to providing LGBTQ+ clients with knowledgeable, judgment-free legal representation and just plain kindness. If you have questions about your rights in a family law case, contact us at 321-549-3162 to schedule a no cost consultation.