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
- Despite decline, Tampa leads big cities in foreclosures
A recent report on national foreclosure statistics paints an improving, but still unfortunate, picture for Tampa, Florida, homeowners. First, the good news. The Tampa-St. Petersburg metropolitan area has seen a 23 percent decline in home foreclosures in the past year — one of the largest decreases among large U.S. cities. Now, the bad news. Despite […]
- Woman’s handwritten note insufficient to revoke will
The heirs of a deceased New York woman received an object lesson in the importance of taking proper, legally enforceable action when altering a will. Some years before Patricia Powers died, she apparently wished to revoke her existing will entirely, and attempted to do so by writing a note to that effect on the will’s […]
- Chapter 13 can help those saddled with student loan debt
A recent story in the Pittsburgh Post-Gazette highlights an increasingly common strategy for dealing with unmanageable student loan debt: Chapter 13 bankruptcy. If you have student loans, you may already be aware that those debts cannot be discharged under Chapter 7 bankruptcy liquidation except in very limited cases. Under Chapter 13 reorganization, however, debtors agree […]
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