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Custody, Transgender and the Family Court
A really close friend of mine was awarded custody of his 13 yo son. After 2 and a half years of court its finally gone his way.
The child knows of and has no problem with the trangenered parent. Communication and respect is applied both ways and it is a very healthy relationship.During the family court process the father was awarded many merits for his parenting skills, care and devotion to the child.
The father and child were analysed by a professional court appointed physiologist, monitored by a court appointed independent lawyer for 2 years and he tells me not a lie passed his lips, simply no one knew to ask of his transgendered nature.
So with out the “Trans”label he was described as a fantastic parent doing a great job.Anyway my question is,
Do you think the courts would have swung differently if they knew of the transgendered parent and why? -
4 Replies
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I went through court to gain custody of my boy with the court full well knowing I am TG.
I must say me being TG complicated the process and I went though the court appointed experts to assess me.
Mine was a bit of an unusual case in the circumstances and I won’t discuss them here but in the end I did gain full custody of my child.
I hope this has answered your question, its not hopeless for us in courts regarding custody of children, but it prolongs and complicates the process so they are sure everything is OK.
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I was given half time parenting responsibility for my then 6 year old son. I was 20 months post surgerym in January 1998
I took the easy option to not fight and accepted what I could get without the protracted Court processes.
Thankfully, if you’re a good parent the Courts today are willing to accept and respect the positive benefits this will have for the child.
Christina
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Hi Madeline.
I am going through a long drawn out Family Court battle to get access – let alone custody – for my 7yrs Son right now!
It has been four years so far, mega $, and no success for me! I have two hearings in Court this month, but to be honest i’m about to give up! The Magistrate presiding over my case is obviously anti-Fathers and has never ruled any application in my favour!
As for being Transgender, my Legal Representative knows, but both the Family Court and my ex Wife do not! When my ex finds out, she’d definately use it against me to the fullest extent possible and the Magistrate is an elderly man who comes from a generation that has old fashioned values in regard gender/sexuality/etc…
So any legal option for me looks bleak and further to that, i’m nearing the point where I hope to be fulltime femme in the future, so the chances of me being successful in the Family Court appear negligable!
In any case, I have not seen my Son since he was a toddler, so he won’t know who Daddy is anymore and if he ever finds me when he’s older, he’ll probably be finding his other Mother!
Any person who has success with gaining custody of their child/ren whilst the Family Court and ex-partners know of their Transgender status have my sincere appreciation – I’m so happy for them in the circumstances!
CLARE.
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Hii , i was awarded custody off my son in family court , I went as Ella and didnt hide fact !my ex wanted too use it against me but the cheif justice said i could not be discriminated against .. iff i had gone as a male imm sure i wouldnt have got custody ??? I was in court 3 yrs on distribution of assets and custody it was a really badd time… she contiued too drag me back too court till i got a costs judgement for $2000.oo dollars..never been done in family court but i was sick of court lol
