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Child Custody, Unmarried Same Sex Couple Rights in Orlando, Florida Area

In Florida Law Weekly, 47 Fla. L. Weekly D2230a, the 1st District Court of Appeals in Tallahassee, Florida, on November 2, 2022, the Appeals Court ruled that regarding unmarried same-sex couple’s mediation agreement, the trial court erred by enforcing the mediation agreement between former same-sex couple regarding the non parent visitation of two children conceived during their relationship. A same sex partner, who is not the biological parent, has no legally enforceable visitation rights with children. Written agreements granting visitation to non parents are unenforceable. 

The appellate court ruled that the biological mother’s actions of allowing continued contact with children and accepting child support and housing from non parent did not foreclose the biological mother’s ability to refuse to abide by the visitation rights set forth in mediation agreement. The appellate court ruled that the trial court further erred by extending mediation agreement to both children when it only applied to one. 

The court said that at issue in the appeal was whether the trial court erred by enforcing the mediation agreement. The appellate court said that the dispositive question in the case was a legal one of whether a non parent has a legally enforceable right to have visitation rights with either of the children under Florida law. The appellate court answered no. 

The appellate court made its ruling based upon the reasoning found in the Florida state constitution’s privacy clause, which creates the right to be let alone and free from governmental intrusion into a person’s private life. This provision has has been recognized as protecting the constitutional right of parents to raise their child without state interference absent the most compelling of circumstances (such as child abuse). Non parents are not within the ambit of this constitutional right; written agreements granting visitation to non parents are unenforceable in Florida. 

The appellate court pointed out that the law is clear that those who claim parentage on some basis other than biology or legal status do not have the same rights, including the right to visitation, as the biological or legal parents.  

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.