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Augustina66 · Apr 12, 2008, 07:37 AM

I have 3 minor children 11 and 13yrs of age 2 girls 1 boy. we have shared custody with equal time with each parent. I work in law enforcement and do shift work i have every other weekend off. The is no child support between us the final judgement stated we would split cost 50/50 and insurance reimbursement by the father to the mother was to occur..(never happens). We have been divorced for 5 1/2 yrs.I have recently come out to my children/family/friends i am gay and in committed relationship.At this point in time I can't force my children to spend time with me if they do not want to they do not like the situation. I get my youngest daughter every day at 2 from school till i have to go to work at 5.He has a state job now with the Flo school for the D&B. After that brief background. Is there a chance he could take me back to court for full custody and use my life style choice against me? Does being gay in Florida discriminate against me as far as custody of the children? Will i end up being the one to pay child support to him even after all these years of him never giving me a penny??mad:

N0help4u · Apr 12, 2008, 07:50 AM

Fla does not allow for gay couples adopting but I am not sure that that would extend to 'holding it against you' as the biological mother.
I can't seem to find anything on Florida law other than on adoption.

cdad · Apr 13, 2008, 07:30 AM

Is there a chance ? Yes. Mostly its going to depend on how you handle yourself and how comfortable your kids are with it. Don't have expectations of just everything going smooth or everyone just going along because you said so. The bottom line is at this time he can't take them away because of your sexual orientation but should you start acting in a way the doesn't display the best interests of your children then there is always an issue straight or gay.

JudyKayTee · Apr 13, 2008, 07:53 AM

Originally Posted by Augustina66

I have 3 minor children 11 and 13yrs of age 2 girls 1 boy. we have shared custody with equal time with each parent. I work in law enforcement and do shift work i have every other weekend off. The is no child support between us the final judgement stated we would split cost 50/50 and insurance reimbursement by the father to the mother was to occur..(never happens). We have been divorced for 5 1/2 yrs.I have recently come out to my children/family/friends i am gay and in committed relationship.At this point in time I can't force my children to spend time with me if they do not want to they do not like the situation. I get my youngest daughter every day at 2 from school till i have to go to work at 5.He has a state job now with the Flo school for the D&B. After that brief background. Is there a chance he could take me back to court for full custody and use my life style choice against me? Does being gay in Florida discriminate against me as far as custody of the children? Will i end up being the one to pay child support to him even after all these years of him never giving me a penny??mad:

Either party to a divorce can file for a change in support, custody, visitation at pretty much any time (within reason), for any reason. Then it's up to the Court to decide.

The fact that there was no support paid in the past does not affect your ex-husband's ability to file now. You were not precluded from filing for support during the past 5-1/2 years.

Unfortunately prejudice exists - sometimes subtle, sometimes not so subtle - when anyone is perceived as "different" due to sexual orientation, race, religion, but it should not enter into the Court's decision.

I totally agree with CalifDad - it's how you conduct yourself in the presence of the children that matters.