Same-Sex Child Custody Issues in Jacksonville, FL

Owenby Law, P.A. Serves LGBT Clients Throughout Florida

The recent court decisions to end the ban on gay marriage and same-sex adoptions in the United States has created many legal challenges to the antiquated laws that had previously been established. It's no longer uncommon for a gay couple to adopt a child, or to utilize artificial insemination to produce a child. However, the question that comes into play is which parent retains custody of the child should the relationship end?

Since the inception of our law firm, Owenby Law, P.A. has proudly represented members of the gay and lesbian community. Whether you are the biological parent of your child or you and your ex-partner adopted a child when you were together, you have an undeniable right to partial or full custody after a divorce. Our Jacksonville divorce lawyers can help protect your rights throughout the entirety of your child custody case.


Need help resolving a same-sex child custody dispute? Call our Jacksonville divorce attorneys for a free consultation!


What Are the Rights of Same-Sex Parents in Florida?

The family courts in places like Duval, Clay, Nassau, and St. Johns proceed from the judicial philosophy that a child's interests are best served when both parents are involved. It is rare that the court will give sole custody to one parent without guaranteeing the other parent liberal visitation. In other words, both parties will be allowed to co-parent the child, but parental rights are not extended automatically to both parties.

Both parents will normally be allowed to have a say in the child's upbringing with regard to:

  • Schools
  • Residence
  • Religion
  • Medical decisions

One of the keys to pursuing a claim of parental rights is establishing your relationship with the child. In adoptions, there is a paper trail that verifies the roles of the adopting parties. With artificial conception, however, one parent may have contributed the sperm for fertilization or carried an inseminated egg through pregnancy. In cases like these, it may be necessary to prove the legal right of the other party to parent the child.

Same-Sex Child Custody Issues That Need to Be Addressed

In the state of Florida, if a child is adopted during the course of a relationship or marriage, both parents share in the responsibility of raising that child. If the child is the biological offspring of only one parent, whether he or she was conceived during the relationship or before, the biological parent retains exclusive custody of the child and is not usually entitled to support. At Owenby Law, P.A., we know how painful it can be for a parent to be separated from their child. When you hire us, we will work toward a solution that is in the best interest of all parties concerned.

Speak with a Jacksonville Child Custody Lawyer During a FREE Consultation

At Owenby Law, P.A., we are aware of the trepidation that many of our LGBT clients feel when having to resolve family law issues in court. We are here to lend you a helping hand. Our lawyers have a reputation for aggressively and successfully defending the rights of our clients in all North Florida venues. We will let nothing stand in our way when pursuing the most favorable outcome possible for your case.

If you are being denied access to your child by an ex-spouse or former partner, you need to contact our office immediately.