child's painted handChild custody and visitation are typically the most important issues to resolve in a divorce with kids. Finances are a close second, and are usually intermingled with issues regarding your children. This is because making sure your kids are taken care of and maintain a healthy relationship with both parents is a key goal of any family law matter. It is always best if the parents are able to enter a successful post marriage arrangement for visitation and custody, but this is not always the case. All too often the parties allow their emotions to run over and impact the kids, which may include preventing visitation in an attempt to “get back at” the ex. In the end, this type of behavior is more harmful to the children and does not allow families to move forward by taking positive steps post-divorce.

When these issues arise, the Courts must step in and resolve the issue in a way that is best for the child. This is no different when the children are adopted, rather than the natural child of one or both of the parties. One woman recently enjoyed a victory when seeking visitation from her child’s natural mother. In that case, the Court ruled on visitation of an adopted child:

  • While a couple, the women adopted a boy from its birth mother.
  • The mother later asked the Court to hold the adoption invalid when the same sex couple’s relationship ended.


  • The lower Court granted the birth mother’s request, but the Florida State Supreme Court has now overruled that action.


Legal issues relative to your children are decided on the basis of what is in the best interest of the child. Not allowing this child to see a mother who had been a constant in his life for close to 2 years, but to allow the mother who gave him for adoption and had been absent ever since to step in was not beneficial to the child. In order to allow the boy to maintain a healthy relationship with his adoptive mother was the right decision, and is a huge win for all parents regardless of sexual orientation or birth status. This decision may pave the way for more favorable results in the future for parents seeking visitation or custody.

If you have questions regarding custody or visitation, call our office for answers. Contact us to schedule an appointment with an experienced family law attorney in Stuart and the Treasure Coast today.