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What rights do Lesbian, Gay and Bisexual parents have regarding timesharing?

Whether you have children from a heterosexual marriage prior to entering a Lesbian, Gay or Bisexual relationship or whether you begin to parent with a partner who already has children and later separate, your rights to timesharing with that child or children can be an emotional as well as legal battle. It can extremely challenging in the state of Florida for one who has engaged in the role as a child's parent but is not recognized a legal parent for purposes of time sharing. As these cases become more and more common the courts will become more familiar with same-sex parent families and the law in this area will improve. Most courts have concluded that the mere fact that a birth parent is Lesbian, Gay or Bisexual standing alone, should not be weighed negatively in a timesharing determination. There must be proof of a likelihood of harm with the proper test being whether the parents' sexual orientation has a direct impact on the welfare of the child or children. For more information regarding the rights of Lesbian, Gay and Bisexual parents regarding timesharing, you can contact the attorneys at Schwam-Wilcox & Associates at office@cbswlaw.com or 407-245-7700. You can also visit our website at www.cbswlaw.com. Home Office: Orlando

 

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