Rights of Transgender Individuals Divorce & Custody

What are the rights and laws regarding divorce and child custody battles with transgender individuals? Are trans people still required to follow the same laws and guidelines that they would have to, having been the other gender, and going through a divorce? These are some of the many questions that may come up if you are in this particular scenario. It is important to be aware that your ex-partner or spouse may not always be looking out for your best interests, and they could very well try to use the fact that you are transitioning to mean that you are not a suitable parent or you are endangering your child. If this is the case, please note, that there has never been any scientific evidence to prove that just because a person is transitioning, does not mean that they are incapable of being a good parent.

In fact, in Colorado, the appeals court reversed a trial court’s decision to transfer custody away from a transgender parent based on the parent’s gender transition from female to male. Christian v. Randall, 516 P.2d 132 (Colo. Ct. App. 1973). The appellate court’s decision was based on the fact that “the record contain[ed] no evidence that the environment of the [transgender parent’s] home … endangered the children’s physical health or impaired their emotional development.” Id., at 133

Will people be treated fairly?

Unfortunately, in our society today, many lawyers and judges are not familiar with that fact and may have an unreasonable bias toward a transgender person. Divorce has recently become easier for trans people than it has in the past, but there are still issues that are not being resolved. For example, if a trans person marries prior to becoming trans, their partner may use that as ammunition against the marriage to try to get it annulled rather than go through a divorce, and in some cases, depending on the judge, they will rule in the spouse’s favor. If gender identity is an issue in your marriage, or at any point in your divorce, it is important to have an attorney that understands your unique circumstances and will fight for your fair and just treatment.

It is also a good idea to contact the NCTE if you feel your rights are being violated. The National Center for Transgender Equality (NCTE) is a social justice organization dedicated to advancing the equality of transgender people through advocacy, collaboration, and empowerment. NCTE was founded in 2003 by transgender activists who saw the urgent need for a consistent voice in Washington, DC for transgender people.

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