References on Custody and Transgender Parents

Canada Court Backs Transsexual Parent

Web Site: http://fact.on.ca/news/news0102/np010202.htm
Last Update: 05/15/2001
National Post, February 2, 2001 (Canada) A father's decision to change his gender from male to female does not constitute a material change in circumstances sufficient to warrant altering a child custody arrangement, an Ontario court has ruled. (Original story posted at the National Post On-line, but has since been removed. A reprint has been posted at the Canadian resource F.A.C.T. Fathers Are Capable Too, a non-custodial parent organization.)

Case 85030: Estate of Marshall G. Gardner

Web Site: http://www.kscourts.org/kscases/ctapp/2001/20010511/85030.htm
Last Update: 05/11/2001
Kansas Court of Appeals just issued a great decision in the J'Noel Gardiner marriage case in Kansas. (From the Kansas Court of Appeals, dated May 11, 2001.) This is a ruling on whether Marshall's marriage to J'Noel, a transsexual, meets the states criteria and therefore entitles her to her husband's estate as an heir.

Case Law: Forrester v. Forrester, (Ontario, Canada)

Web Site: http://www.advocate.com/html/news/020301_020501/020301news10.asp
Last Update: 11/15/2002
Article at Advocate.com. Leslie Forrester retained her joint custody arrangement in Ontario, Canada after her ex filed to change the parenting time because she transitioned. The judge rules that changing gender does not constitute grounds for changing the current arrangement.

Case Law: Maginley-Covington, (Pennsylvannia, PA)

Web Site: http://www.TransParentcy.org/CaseLaw_Maginley-Covington.htm
Last Update: 11/15/2002
Judge rules to change transgender parent's current temporary custody to full physical and legal custody.

Transsexuality of a Parent as a factor in Child Custody

A good document addressing the issue of how courts may or may not use the transsexuality of a parent in awarding child custody and visitation rights. Covers the legal aspects of defining transsexuality, the recognition by the professional field of GID diagnosis and what impact that may or may not have on a parent's ability to care for a child.

"Transsexuals' Children," by Richard Green.

Green's important paper comes from the IJT web site. He concludes that the "available evidence does not support concerns that a parent's transsexualism directly adversely impacts on the children...."

{Local copy of article}

Sexual identity of 37 children raised by homosexual or transsexual parents
by R Green

Article appearing in the American Journal of Psychiatry,
June 1978 (135:692-697)
The author reports on 37 children who are being raised by female homosexuals or by parents who have changed sex (transsexuals): 21 by female homosexuals, 7 by male-to-female transsexuals, and 9 by female-to-male transsexuals. The children range in age from 3 to 20 years (mean = 9.3) and have lived in the sexually atypical households for 1- 16 years (mean = 4.9). Thirty-six of the children report or recall childhood toy, game, clothing, and peer group preferences that are typical for their sex. The 13 older children who report erotic fantasies or overt sexual behaviors are all heterosexually oriented.

{You will likely only find this article through your local library.
In Portland, OR, the Multnomah County Library, Central Branch does have this article on microfilm:
746.00 American Journal of Psychiatry, 1978 1-12 (issues).
The article is in microfilm issue number 135-6.}

Transgender Parenting: Myths and Truths

Web Site: http://mc01.equinox.net/users/a/afp/tgpmyths.html
Last Update: 12/3/2001
Paper produced by The Transgender Parent Support Group, Center of Alternative Families, San Francisco, CA, September 1998

Canada Court Backs Transsexual Parent

National Post, February 2, 2001 (Canada)
A father's decision to change his gender from male to female does not constitute a material change in circumstances sufficient to warrant altering a child custody arrangement, an Ontario court has ruled.

Overview of Selected Legal Issues for Transgendered/Transsexuals

By Shannon Minter (Minter@nclrights.org)
Staff Attorney, National Center for Lesbian Rights, San Francisco, CA (©1997, 1998)
Covers employment discrimination, marriage, child custody, health care, prison, hate crimes.

Child Custody Issues for the Transgender Parent

By Gianna Israel
Provides a more general overview of child custody issues that may come up as a result of divorce for the transperson.

Custody Part I and Custody Part II, by Alyson Meiselman

Discusses the possible scenarios and strategies in custody determiniation involving a Transgender Parent.

Fact Sheet: Custody Cases Involving Lesbian and Gay Parents

"...The adverse impact test, also called the nexus test, requires a clear connection between a parent's actions and harm to the child before a parent's sexual orientation (or any other factor relating to parental behavior) assumes any relevance in the custody determination. ..."

Custody and Conduct: How the Law Fails Lesbian and Gay Parents and Their Children

Issues that lesbian/gay parents have faced, the Transgender Parent faces, too, but without the history of successes and existence of Transgender Parent supportive studies. Describes the application of the Nexus test in determining true harm to the child from a parent's behavior.

Attitudes About Custody Decisions

American Psychological Association (http://www.apa.org/) summary of research findings article on Lesbian and Gay parenting.

Transgender Equality Custody Cases Involving Lesbian and Gay Parents

Content listing of article at the National Center for Lesbian Rights web site, available as a downloadable Adobe Acrobat file.
{Local copy of PDF document - 488KB}

ACLU in the Courts, Wiegland v. Houghton

The ACLU (American Civil Liberties Union) arguing for the rights of the father, who is gay, to have custody of a child. The child's environment was emotionally traumatic and detrimental to his well-being. But the chancery court refused to modify the current custody because of the father's sexual orientation.

ACLU Fact Sheet: Overview of Lesbian and Gay Parenting, Adoption and Foster Care

Dated April 6, 1999

Conneticut Passes Second-parent Adoption Rights Bill

Article from the New Haven Advocate, November 30, 2000.

Shared Parenting Laws

300 I Steet NE, Suite 401
Washington, DC 20002
Phone: 202-547-6227
Web Site: http://www.gocrc.com/research/legislation.html
Last Update: 11/18/2001
Children's Rights Council's site, go to the highlighted section, Shared Parenting Laws for a listing of which states have legislated or presumptive statutes for shared/joint parenting and a summary of the bill or statute, by state.

Child's Power to Choose

Factors affecting childrens' power to choose their caretakers in custody proceedings. From the Professional Academy of Custody Evaluators (PACE)

Child Custody Strategies

Two well-known custody specialists have used their 30 years of training and experience to put together a compact little handbook of custody strategies that a parent can easily put into action. ($59 book as of 3/15/2000)

Non-custodial Parent Caselaw

A compilation of caselaw supporting non-custodial parents from the Alliance for NonCustodial Parents Rights (ANCPR).

Oregon Divorce Information, from DivorceSource.com

Oregon Divorce Laws and Guidelines
Oregon Custody and Visitation, by Mark Kramer, Esq.

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