Custody Case Law Resources
- 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 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: Kantaras v. Kantaras
- Web Site: http://groups.yahoo.com/group/TransParentcyNews/files/
Last Update: 6/28/2003
The landmark ruling and NCLR Press Release are available at the TransParentcy News e-group site. Note: The full-length ruling is nearly 2mb and in Adobe PDF format.
- 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.
Transgender Custody People Resources
- BERGSTEDT WOLFF, PS, Attorneys at Law
- 3400 188th St. SW Suite 695
Lynnwood, WA 98037
Phone: 425-673-1610
Fax: 425-673-2908
Email: spencer@bergstedtwolff.com
Web Site: http://www.bergstedtwolff.com/
Last Update: 4/29/2007
Spencer Bergstedt is a Seattle attorney, author of two books on transgender legal issues, one for MTF's and one for FTM's.
- Chris Daley (NCLR)
- 870 Market St. Suite 570
San Francisco, CA 94102
Phone: 415-392-6257
Email: daley@nclrights.org
Web Site: http://www.nclrights.org/
Last Update: 8/29/2001
Co-ordinator of the Transgender Law Project at the National Center for Lesbian Rights (NCLR).
- Karen Doering, Esq.
- Equality Florida 1222 S. Dale Mabry, #652
Tampla, FL 33629
Phone: 813-870-3735
Fax: 813-870-1499
Email: karen@eqfl.org
Web Site: http://www.eqfl.org
Last Update: 11/18/2002
Karen is the legal/discrimination contact at Equality Florida and works with the National Center for Lesbian Rights. She was recently part of the legal team for Michael Kantaras in a trans
custody case.
- Kristine W. Holt, Attorney at Law
- 1237 Haddonfield-Berlin Road
Voorhees, NJ 08043
Phone: 856-719-0909
Email: info@holtesq.com
Web Site: http://www.holtesq.com
Last Update: 04/01/2001
Transgender Law: Employment problems, discrimination, harassment, marriage, separation and
divorce, child custody and visitation, medical and insurance problems, name change and
identification
- Gianna E. Israel
- P.O. Box 424447
San Francisco, CA 94142
Phone: 415-558-8058
Email: GIanna@counselsuite.com
Last Update: 04/26/2001
GIANNA E. ISRAEL provides nationwide telephone consultation, individual & relationship
counseling, evaluations and referrals. She is principal author of the Transgender Care (Temple
University / in press 1997). She also writes Transgender Tapestry's "Ask Gianna" column; is an
AEGIS board member and HBIGDA member.
- Anne M. Lawrence, MD
- Email: alawrence@mindspring.com
Web Site: http://www.annelawrence.com/
Last Update: 05/10/2001
Contact her through her Transsexual Women's Resources web site. Transsexual Women's
Resources site - surgery, standards of care, lot's of information and links to other resources for
the trans communities.
- Alyson D. Meiselman, Attorney at Law
- 14400 Lake Winds Way
North Potomac, MD 20878
Phone: 301-424-9314
Fax: 301-424-9314
Email: famlaw@his.com
Web Site: http://meiselmanlaw.lawoffice.com
Last Update: 04/01/2001
Transgender law, family law, custody for transgender persons.
- Shannon Minter, Legal Director (NCLR)
- 870 Market St. Suite 570
San Francisco, CA 94102
Phone: 415-392-6257
Email: Minter@nclrights.org
Web Site: http://www.NCLRights.org
Last Update: 11/15/2002
NCLR Legal Director Shannon Minter oversees NCLR's legal program. He joined NCLR in 1993,
when he received an Equal Justice Fellowship from the National Association of Public Interest Law
to initiate the first nationwide legal program for LGBT youth at NCLR. Minter has litigated cases
that have set important new precedents in family, youth, domestic partnership, marriage, immigration,
and transgender rights. He has also authored numerous publications on legal and policy issues affecting
LGBT people and is recognized as a national legal expert on these issues. Minter has served as an adjunct
professor or lecturer at a number of law schools, including Stanford University School of Law, Golden Gate
Law School, and Santa Clara Law School. He also serves on the Board of Directors of the Horizons Foundation
in San Francisco, and on the International Advisory Board of the International Gay and Lesbian Human Rights
Commission. Minter received a B.A. from the University of Texas at Austin in 1983, completed four years of
graduate study in English and American literature on a Mellon fellowship at Cornell University, and worked as
a researcher and editorial assistant for Henry Louis Gates, Jr. at the African-American Fiction and Periodical
Project at Cornell. Minter received a J.D. from Cornell Law School in 1993.
- Lisa Mottet, Legislative Lawyer (NGLTF)
- 1325 Massachusetts Avenue NW, Suite 600
Washington, DC 20005-4171
Phone: 202-393-5177
Fax: 202-393-2241
Email: lmottet@ngltf.org
Web Site: http://www.ngltf.org
Last Update: 11/15/2002
Part of NGLTF's Transgender Civil Rights Project which works to increase the number of state, local and federal laws that prohibit discrimination based on gender expression and
identity.
Transgender Custody Organization Resources
- National Center for Lesbian Rights
- 870 Market St. Suite 570
San Francisco, CA 94102
Phone: 415-392-6257
Email: info@nclrights.org
Web Site: http://www.NCLRights.org
Last Update: 04/01/2001
A national non-profit legal organization that advocates for LGBT people through impact litigation
and public policy advocacy.
- Transsexual Women's Resources, (Anne M. Lawrence) (TWR)
- Email: alawrence@mindspring.com
Web Site: http://www.annelawrence.com
Last Update: 04/22/2001
Transsexual Women's Resources site - surgery, standards of care, lot's of information and
links to other resources for the trans communities.
Transgender Custody Publication Resources
- American Academy of Psychiatry and the Law (AAPL)
- Web Site: http://www.emory.edu/AAPL/ethics.htm
Last Update: 04/28/2001
Ethical Guidelines for the Practice of Forensic Psychiatry -- The custody evaluator is
performing forensic psychiartry as an "expert witness." This article provides a good background
that you can use to ensure your rights are protected and also helps you to understand the extent
of a custody evaluation.
- 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 Law: Papadopoulos v. Funatake, (May 2001)
- Child Custody Issues for the Transgender Parent, By Gianna E. Israel
- Email: Gianna@counselsuite.com
Web Site: http://www.firelily.com/gender/gianna/custody.html
Last Update: 04/25/2001
Custody article covering the possible use of a gender expert to support the value of the
Transgender Parent and the maintaining of the contact with their children.
- Custody Part I and II, by Alyson Meiselman
- 14400 Lake Winds Way
North Potomac, MD 20878
Phone: 301-424-9314
Fax: 301-424-9314
Web Site: http://meiselmanlaw.lawoffice.com/articles/24028/
Last Update: 04/22/2001
The best interests standard, transgender status and strategies by Alyson Meiselman, Attorney
at Law.
- Legal Recognition of LGBT Families
- Email: Info@nclrights.org
Web Site: http://www.nclrights.org/publications/pubs_lgbtfamilies.html
Last Update: 05/12/2001
Legal issues in the area of parenting, custody/visitation, second-parent adoption. Article from the National Center for Lesbian Rights (NCLR).
- Parenting Evaluations for Families with Special Needs, by Wendy Hutchins-Cook, Ph.D.
- Web Site: http://www.behavenet.com/sfi/abstracts/cook.htm
Last Update: 07/28/2001
Abstract from a workshop covering parenting evaluations where sexual or gender identity issues may be involved. From the Seattle Forensic Institute, hosted by Behavenet
(www.behavenet.com/). {Ed. Note: May be somewhat controversial regarding the possible recommended behaviors for the transgender parent.}
- Sexual Identity of 37 children raised by homosexual or transsexual parents, by R[ichard] Green
- Last Update: 04/25/2001
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.}
- Transsexuality of Parent as Factor in Custody Determination
- Web Site: http://www.susans.org/reference/gfam8.html
Last Update: 04/22/2001
Author unknown -- 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.
- Transsexual's Children, by Richard Green
- Web Site: http://www.symposion.com/ijt/ijtc0601.htm
Last Update: 04/25/2001
Green's important paper comes from the IJT (The International Journal of Transgenderism) web
site. He concludes that the "available evidence does not support concerns that a parent's
transsexualism directly adversely impacts on the children...."
- True Selves, Bringing the News Home, by Mildred L. Brown and Chloe Ann Rounsley
- Last Update: 05/07/2001
Chapter on coming out to family, section on Children. How society historically has viewed the
transsexual parent, the emotional issues and the negative impacts on determining custody based
on a parent's gender identity. References to Richard Green's study, as well.
- What is a Custody Evaluation?
- Email: chldxsctr@aol.com
Web Site: http://www.childaccesscenter.org/ce.htm
Last Update: 04/07/2001
Overview of the custody evaluation process, what is involved, what information is gathered.
Courtesy of The Child Access Center of Maryland, Ltd.
LGBT Custody Publication Resources
- Circumventing the Best Interests of the Child Standard
- Web Site: http://www.mobar.org/journal/1999/julaug/brunner.htm
Last Update: 8/24/2001
Circumventing the "Best Interests of the Child" Standard: Child Custody Law in Missouri as Applied to Homosexual Parents. A synopsis of a Missouri Supreme Court case, Delong v. Delong
where a parent's homosexuality was initially used to restrict parenting time.
- Custody and Conduct: How the Law Fails Lesbian and Gay Parents and Their Children
- Web Site: http://www.law.indiana.edu/ilj/v71/no3/shapiro.html
Last Update: 04/26/2001
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.
- Empirical Studies on Lesbian and Gay Parenting
- Web Site: http://www.apa.org/pi/l&gbib.html
Last Update: 05/13/2001
From the American Psychological Association's site: Summaries of the various studies performed that involve LGBT parenting, including references to Richard Green's studies of transsexualism
and the affects on their children.
- Legal Recognition of LGBT Families
- Email: Info@nclrights.org
Web Site: http://www.nclrights.org/publications/pubs_lgbtfamilies.html
Last Update: 05/12/2001
Legal issues in the area of parenting, custody/visitation, second-parent adoption. Article from the National Center for Lesbian Rights (NCLR).
- NCLR Fact Sheet: Custody Cases Involving Lesbian and Gay Parents
- Web Site: http://www.nclrights.org/publications/pubs_custody.html
Last Update: 04/26/2001
From the National Center for Lesbian Rights (NCLR):
"...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.
- Protecting Families: Standards for Child Custody in Same-sex Relationships
- Web Site: http://www.colage.org/parents/custody_rights.html
Last Update: 07/05/2001
From the web site of COLAGE. While the primary subject deals with same-sex relationships, the ideas and guidelines are also applicable to any custody issue. Above all else the focus should be
kept on the children. Provides an Adobe PDF version, too.
General Custody People Resources
- Tana Dineen, Dr.
- 731 Vancouver St.
Vancouver, BC V8V 3V4
Fax: 250-383-3036
Email: td@tanadineen.com
Web Site: http://tanadineen.com/
Last Update: 05/10/2001
Tana Dineen has over 30 years of experience in the field of psychology and is a licensed
psychologist in British Columbia and Ontario. Author of the book, Manufacturing Victims: What the
Psychology Industry is Doing to People.
- Jean A. Furchner, Ph.D., Custody Evaluator
- 4320 SW 110th Ave.
Beaverton, OR 97005
Phone: 503-526-9772
Fax: 503-526-9332
Last Update: 04/01/2001
{This resource is not recommended} Custody Evaluator. perceives a
parent's transgenderism/transsexualism as a significant enough impact as to restrict/limit the
amount of time the child spends with the Transgender Parent.
- Linda Sherman, Ph.D., Clinical Psychologist, Family Mediator
- 1130 SW Morrison Suite 604
Portland, OR 97205
Phone: 503-241-5065
Fax: 503-241-9714
Last Update: 06/01/2001
{Low recommendation - potentially impacted by transgender issues.} Focus of her practice is divorce/custody mediation.
General Custody Organization Resources
- Academy of Family Mediators (AFM)
- Web Site: http://www.igc.apc.org/afm/afmref.html
Last Update: 04/28/2001
Referral Service
The Academy of Family Mediators provides a referral service of our Practitioner Members who
practice in the areas of family and divorce mediation and who have met strict training and
experience requirements. Those in need of a mediator may contact the AFM office. Please specify
the state(s) or country you are interested in receiving assistance, along with your fax number or
mailing address. A list of mediators in your area will be sent right away.
- American Academy of Child and Adolescent Psychiatry (AACAP)
- 3615 Wisconsin Ave., NW
Washington, DC 20016-3007
Phone: 202-966-7300
Fax: 202-966-2891
Web Site: http://www.aacap.org/
Last Update: 05/10/2001
Their objective: …assisting parents and families in understanding developmental, behavioral,
emotional and mental disorders affecting children and adolescents. Site provides listings of
guidelines and parameters for such things as forensic psychiatry custody
- Caring for Children: Legal Information and Forms
- Web Site: http://www.nolo.com/category/KID_ho
me.html?P=SM1B0012804242000
Last Update: 05/10/2001
References, information related to the legal issues of raising our children including divorce,
custody, child support.
- CASAnet - Court Appointed Special Advocates
- Web Site: http://www.casanet.org/index.htm
Last Update: 04/28/2001
Court Appointed Special Advocates focus on representing the interests of the
child.
- Children's Rights Council (CRC)
- 300 I (eye) Steet NE, Suite 401
Washington, DC 20002
Phone: 202-547-6227
Web Site: http://www.gocrc.com/
Last Update: 11/17/2001
"The Best Parent is Both Parents" Formed in 1985, the Children's Rights Council (CRC) is a national non-profit organization based in Washington, DC that works to assure children
meaningful and continuing contact with both their parents and extended family regardless of the parents' marital status.
- Children's Rights Council of Oregon
- Roy Nolan, Coordinator P.O. Box 2095
Portland, OR 97208
Phone: 503.232.8630
Last Update: 11/17/2001
Oregon chapter of Children's Rights Council
- National Council of Juvenile and Family Court Judges (NCJFCJ)
- P.O. Box 8970 1041 North Virginia Street (University of Nevada in Reno)
Reno, NV 89507
Phone: 775-784-6012
Fax: 775-784-6628
Email: admin@ncjfcj.unr.edu
Web Site: http://www.ncjfcj.unr.edu/
Last Update: 11/25/2001
The National Council of Juvenile and Family Court Judges is dedicated to serving the nation's children and families by improving the courts of juvenile and family jurisdictions. Our mission is
to better the justice system through education and applied research and improve the standards, practices and effectiveness of the juvenile court system.
- Nolo.com
- 950 Parker Street
Berkeley, CA 94710-2524
Phone: 800-728-3555
Fax: 800-645-0895
Email: cs@nolo.com
Web Site: http://www.nolo.com/product/
Last Update: 04/28/2001
Online resource of legal information including divorce and child custody issues. (To help
people handle their own everyday legal matters -- or learn enough about them to make working
with a lawyer a more satisfying experience -- we publish reliable, plain-English books, software,
forms and this website.)
- Professional Academy of Custody Evaluators (PACE)
- Web Site: http://www.pace-custody.org/home.html
Last Update: 04/28/2001
Organization of the professionals usually providing the role of custody evaluator in custody
determination cases.
- SingleMOMZ
- Email: livf@earthlink.net
Web Site: http://www.singlemomz.com/index.shtml
Last Update: 05/10/2001
Site "by single moms for single moms" has information related to divorce, legal and custody
issues, as well as help with the issues of raising children as single moms (parents).
General Custody Publication Resources
- American Academy of Psychiatry and the Law (AAPL)
- Web Site: http://www.emory.edu/AAPL/ethics.htm
Last Update: 04/28/2001
Ethical Guidelines for the Practice of Forensic Psychiatry -- The custody evaluator is
performing forensic psychiartry as an "expert witness." This article provides a good background
that you can use to ensure your rights are protected and also helps you to understand the extent
of a custody evaluation.
- Attitudes About Custody Decisions, (on Lesbian and Gay Parenting)
- Web Site: http://www.cpa.ca/cjbsnew/1995/april/fraser.html
Last Update: 05/29/2001
Canadian Psychological Association (http://www.cpa.ca/) summary of research findings article on Lesbian and Gay parenting.
- Café Law Bookstore - Divorce Publications
- Web Site: http://www.cafelaw.com/divbks.html
Last Update: 04/28/2001
An Amazon.com affliliate providing listings of law references covering all areas including
divorce.
- Child Custody Strategies
- Web Site: http://www.custodycenter.com
Last Update: 03/15/2000
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)
- Child's Power to Choose
- Web Site: http://www.pace-custody.org/newsletter12-13.html
Last Update: 04/26/2001
Factors affecting children's power to choose their caretakers in custody proceedings. From
the Professional Academy of Custody Evalutors (PACE).
- Divorce and Children
- Web Site: http://www.divorcedoc.com/howto.htm
Last Update: 04/28/2001
Information/article about divorce and children, how to make the most of it so the impact on your
children is minimzed.
- Divorce Info
- Web Site: http://www.divorceinfo.com/
Last Update: 04/28/2001
Online divorce resource site, information includes divorce, custody and state
laws.
- DivorceSource
- Web Site: http://www.divorcesource.com/index.html
Last Update: 04/28/2001
State by state information on divorce - statutes, guidelines and resources and/or
referrals.
- Joint Custody and Shared Parenting, (CRC Publication)
- 300 I Steet NE, Suite 401
Washington, DC 20002
Phone: 202-547-6227
Web Site: http://www.gocrc.com/
Last Update: 11/17/2001
In the research section of the Children's Rights Council web site. "To see the importance of shared parenting, consider how you, as an adult, would feel if you could see your children only
four days a month. Like most parents, you would miss them terribly, even with your adult level of emotional maturity. Children, with their fragile, still-developing emotions, often suffer much more.
Children naturally love and need both parents. Sadly, most children of divorce see their non-custodial parent only four days a month."
- Oregon Custody and Visitation
- Web Site: http://www.divorcesource.com/OR/ARTICLES/kramer9.html
Last Update: 04/26/2001
Article explaining Oregon's implementation of the "best interests of the child" guideline in
determining custody and visitation.
- Oregon Divorce Laws and Guidelines
- Web Site: http://www.divorcesource.com/info/divorcelaws/oregon.shtml
Last Update: 04/26/2001
Oregon law for divorce, custody, property distribution and filing requirements. (from
DivorceSource.com, http://www.divorcesource.com/)
- Oregon Revised Statues 107, 1999 Edition, Dissolution, Annulment; Separation; Mediation and Conciliation Services
- Web Site: http://www.leg.state.or.us/ors/107.html
Last Update: 05/25/2001
Full text of the State of Oregon revised statutes covering marriage dissolution, custody, financial obligations, custody changes, etc.
- Practice parameters for child custody evaluation
- Web Site: http://www.guideline.gov/VIEWS/summary.asp?guideline=317
Last Update: 05/10/2001
Article from the National Guideline Clearinghouse. Objective of article: To provide a guide for
clinicians evaluating the often delicate and complex issues surrounding a child custody dispute.
This is a very explicit set of guidelines to help ensure that the custody recommendation is based on
data (forensic) and not on the subjective beliefs and philosophies of the evaluator.
- Preparing for a Custody Trial
- Web Site: http://www.deltabravo.net/custody/prepare.htm
Last Update: 05/10/2001
Article targeted to the custody evaluator, provides background on the profession as a forensic
witness and the business of being good expert witnesses.
- Psychologists and Custody Evaluation Reports: Illusions of Expertise, Ethics and Objectivity
- Web Site: http://tanadineen.com/COLUMNIST/Writings/custody.htm
Last Update: 05/10/2001
Writing by Dr. Tana Dineen raising significant issue with the validity of custody evaluations, the
bias' of the evaluator and the potential for conflict of interest in so far as the profession seeing it
as a profitable source of revenue versus persuing to determine the best interests of the
child.
- Selecting a Mediator, by Linda Scher, Mediator
- Web Site: http://www.divorcesource.com/OR/ARTICLES/scher3.html
Last Update: 04/28/2001
Guidelines and checklist type information for selecting a mediator.
- 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.
- What is a Custody Evaluation?
- Email: chldxsctr@aol.com
Web Site: http://www.childaccesscenter.org/ce.htm
Last Update: 04/07/2001
Overview of the custody evaluation process, what is involved, what information is gathered.
Courtesy of The Child Access Center of Maryland, Ltd.
