Florida Supreme Court Hears Child Custody Case
Brandon, FL (Law Firm Newswire) December 26, 2012 - The Florida Supreme Court heard a child custody case arising between two lesbians, but the case may be remanded to a lower court.
Attorneys on both sides of the case said it will probably not affect other couples.
“Although this case is unusual, it illustrates that divorce and child custody matters have many potential complications,” said Brandon divorce attorney Joshua Law.
The genetic mother was an egg donor for her partner, who carried the child and gave birth in 2004. Two years later, the two women separated, and a child custody battle ensued. The birth mother was given sole custody, but an appellate court disagreed and ruled that the women must share custody.
The lawsuit was filed while a Florida law banning adoption by same-sex couples was in effect. That law was later struck down by an appellate court. If the two women had been allowed to legally adopt the child, they both would have been granted parental rights when they separated.
According to the genetic mother's attorney, the girl, now aged eight, lives with her birth mother and has not seen her genetic mother in five years. The birth mother took the girl when she moved from Florida without informing the genetic mother, who eventually found them living in Australia.
The case may be remanded to trial court to resolve a dispute over a consent form the genetic mother signed, which waives her rights to offspring resulting from her donated egg. Her attorney claims that the form does not constitute a legal contract because only one partner signed it, and because it is intended for anonymous egg donors, not individuals planning to have a role in raising the children.
Justice R. Fred Lewis said that if evidence needs to be heard on the consent form, the case must be remanded to a trial court because the Supreme Court cannot determine the facts.
Osenton Law Office, PA
500 Lithia Pinecrest Road
Brandon, Florida 33511
Call: (813) 654-5777
- Studies Show Divorce’s Ill Effects on Children, but Risks Can Be Mitigated
Everyone who gets married hopes to stay that way forever. But despite everyone’s best efforts and intentions, sometimes divorce really is the only solution. For childless couples, divorce is a decision that does not greatly impact anyone but the couple themselves. Of course, the same cannot be said of parents who divorce. Divorce can have […]
- Detroit Bankruptcy Represents Largest Municipal Case in U.S. History
Bankruptcy is most often used as a way for individuals and businesses to either discharge debts or reorganize them into a more manageable payment plan. But governments, particularly cities and counties, can declare bankruptcy as well for the same reason: unmanageable levels of debt. Municipal bankruptcies are fairly rare. They have happened at the rate […]
- Consumer Bankruptcy Filings Decrease
According to data from 2012 and the first half of 2013, consumer bankruptcy filings are down, and experts expect the trend to continue. In 2013, the government released data showing that consumer bankruptcies were down 13 percent in 2012. For the first half of 2013, bankruptcies were also down 13 percent from the same period […]
See other news sources publishing this article. BETA | Tags: brandon custody attorney, brandon custody lawyer, brandon divorce attorney, brandon divorce lawyer, brandon family law attorney, brandon family lawyer, brandon lawyers, tampa custody attorney, tampa divorce lawyer, tampa family lawyer