Sunday, May 13, 2007

From Ohio - Child's Gender Issues and Custody

Transgender issues arose in an Ohio case. From the Transcending Gender blog on April 29: Custody terms changed over child’s gender identity issues. The post quotes extensively from the opinion and has links to other blogs on the case. I suggest reading this in detail regardless of its length.

Transcending Gender links to Leonard Link's post here which has an update of the Ohio case and also discusses a Florida alimony case. The Florida case has less specific interest to me as Indiana law does not allow for alimony. Link writes there is a need for judicial education on transgender issues and I will amplify that opinion to say there is also a need for attorney education on the same issues.

I write this late at night and at the moment, I cannot imagine how transgender issues could have any impact in Indiana family law other than with child custody. I am unaware of any Indiana case like this one from Ohio (and from reading Link's post, I do not think these case are at all common), but that is one fact situation where custody issues would arise. A parent having transgender issues is the other situation I see causing a custody dispute. Considering how Indiana law views a parent's sexual preference as unimportant in itself, any such case should depend only on the effect upon the child of the parent's gender change.

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