Woman granted visitation rights for child of same-sex ex-partner

It was reported on Aug. 13 that a Florida court has cleared the way for a woman to seek visitation rights for her son who was born to her former female partner. According to the report, the biological mother had moved the child to an undisclosed location and would not allow contact after the couple decided to split up. However, the ex-partner had already legally adopted the child.

The Florida Supreme Court upheld the decision of a lower court on Aug. 11 regarding the adoptive mother's parenting rights. It issued a one-page order stating that the case had been reviewed, and the court would not accept jurisdiction. This decision followed the reversal of a lower court ruling in May by the Fifth District Court of Appeal, which gave the adoptive mother the right to child visitation.

Originally, the biological mother was granted both the request for adoption and a nullification of that adoption. The upholding of the reversal indicates that these types of cases are being treated as normal custody cases. In this case, a judge has reportedly assigned a therapist to work out an agreement between the biological mother, the adoptive mother and the child, who is now 6 years old.

When a visitation dispute arises, the court must make decisions that are in the best interest of the child. An attorney may be able to help their client prove that the child has a positive relationship with them and that maintaining this relationship is in the best interest of the child and the client. In some cases, the attorney may be able to help their client reach an acceptable visitation schedule that is comfortable for all parties.

Source: Orlando Sentinel, "Florida high court backs lesbian in visitation fight for adopted son", Rene Stuzman, August 13, 2014

Source: Orlando Sentinel, "Florida high court backs lesbian in visitation fight for adopted son", Rene Stuzman, August 13, 2014

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