How will the court decide who gets the kids in an LGBTQ, same sex divorce?
There is a Florida statute regarding what is in the children‘s best interest. The court will use that statute and the litany of factors that are within that statute in determining what parental responsibility – decision making- will be in the children’s best interest and also to determine time sharing with the children. This is the method used for determining children’s issues regardless of whether it is a same sex divorce or not. However, there may arise special circumstances if there are children involved with LGBTQ couples and whether the children will be an issue in the LGBTQ divorce.