Legal Question in Family Law in Florida

I have an LGBT issue with an ex-partner; however, since we live in Florida and were never legally married, I'm unsure if anything can be done.

My ex-partner and I began a relationship after I was divorced. I already had two children- ages 10 and 3. We were together for ten years, and the kids are now 20 and 13. Everything I've read about divorce/separation in same-sex partners seems related to the non-bio partner fighting for rights. My problem is just the opposite. I WANT my ex to be present and involved, but she refuses to work with me or make any kind of schedule/plan.

We separated and she moved out of the house in March, 2015. Since then, she has had limited contact with our daughter- there have been random texts and a few visits/outings, but they have been inconsistent and very few and far between. There have been times when she has gone for weeks, and at one point over a month, without seeing or talking to our daughter.

I see how hurt my daughter is by my ex-partner's lack of presence, so even though I'd rather do pretty much anything else, I continue to try contacting her to set up a plan. My attempts are either completely ignored, or are met with verbal abuse. This has gone on for over a year now. She is a psychological parent, and I do believe this in-and-out sporadic behavior is hurting our daughter, so I would just like to know if there was anything that could be done from a legal standpoint? Is it possible to arrange a visitation schedule through the Florida courts in a situation like this?

Thank you!!


Asked on 5/19/16, 10:26 am

4 Answers from Attorneys
Barry Kaufman The Law Office of Barry W. Kaufman

LGBT family law issues are fairly new, so most family law lawyers have never handled anything like your issue. There may be some here and there who have. Fortunately, I know a lawyer who is active in this area. Find me on the internet, send me an e-mail, and I'll give you her contact info.

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Answered on 5/19/16, 10:35 am
Lucreita Becude Lucreita D. Becude, P.A.

You cannot force the non bio parent to participate in the child's life. Unfortunately that occurs more often than you think - it is not unique to LGBT. Rather than create more hurt for your child, you should find some counselling for your daughter and move on. Counselling for you would not hurt as it really appears to be a situation you want to encourage so that you can keep in touch.

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Answered on 5/19/16, 3:12 pm
Robert McCall Law Office of Robert McCall

Agree with Ms Becude.

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Answered on 5/20/16, 9:48 am
John Smitten Carey and Leisure

I also agree with Ms Becude.

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Answered on 5/21/16, 9:23 am


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