Gender Identity Can Be an Issue in Child Custody Disputes

Many issues can pull parents apart when child custody is disputed, including gender identity. This blog will discuss how this arises when a child’s gender is the issue and how a parent’s transitioning from one gender may be brought up. The child custody Law Office of Taylor B. Warner, APLC, can help parents navigate these difficult issues.

Some child custody cases can be straightforward and easier to resolve, while others can be complex and challenging. No matter your situation, the Law Office of Taylor B. Warner, APLC, can give you the advice and legal representation you need. Call a Rancho Cucamonga child custody lawyer at (909) 466-5575 today to learn more.

Your Child is Gender Non-Conforming

You and the other parent may have very different views on handling this. This may be the main reason one or both of you want your parental rights either agreed to in writing and legally enforceable or want a judge to decide the issue. Or, this may be one of many disputes pulling you apart. No matter your situation, you can benefit from the 12 years of exceptional service in child custody that the Law Office of Taylor B. Warner, APLC, has provided to their clients.

Gender non-conforming usually means a person isn’t conforming to society’s gender norms, whether that’s with gender identity, gender expression, or both, according to the Cleveland Clinic. A child may want to wear clothes, play with toys, or do things usually associated with the child’s opposite sex. 

Sometimes this changes with time, sometimes not. As the child interacts more with others, the issue of name and pronoun use to accommodate your child will arise. Parents may have differing views on whether a child should live in the world as someone of their sex, not the gender the child associates with.

As the child approaches puberty, things become more complex and difficult. Medical intervention in the form of medications that can prevent or limit the physical changes that come with puberty may be discussed and hotly debated.

One parent may be very open to medical treatment for a gender non-conforming child, while the other may see this as unnatural harm being done to their child. A parent’s religious beliefs may make them very resistant to someone, especially their child, living a non-traditional life. The members of a parent’s larger family may welcome a child who’s different in this way or shun them.

The decision to medically treat a gender non-conforming child or not can be an immovable object and an irresistible force for parents. If they have strongly divergent views, they can see the other parent’s approach as harmful to their child, while what they want is in their child’s best interests. As a result, they want legal custody of the child (they make important decisions, like matters involving education and healthcare) if not legal and physical custody (they live with the child most of the time).

If the parents can’t agree to resolve the issue, a judge can decide who gets what type of custody based on the child’s best interests. If the parents have the resources, they can hire experts to give the court their opinion. The court may also hire one to get a more independent viewpoint. The expert could be a psychologist familiar with gender issues, a physician who treats gender-nonconforming teens, or both. Any parent going through this situation should retain a child custody attorney to help protect their rights and your child’s best interests.

A Parent Is Gender-Nonconforming

A parent may claim that it’s not in the child’s best interests that the other parent, who is gender-nonconforming or is in the process or completed the process of transitioning genders, have custody. If you’re a trans parent or considering transitioning, and the other parent claims or threatens that you’ll lose custody as a result, it’s not that simple. 

A judge will look at the totality of the situation and possibly an independent expert’s opinion as to your child’s best interests and which parent should have what type of custody. It’s relatively rare that a parent won’t have any kind of child custody, just visitation rights. 

Simply being trans isn’t evidence you’re an unfit parent. One study of 35 families in the United Kingdom with a trans parent found that parents and children had high-quality relationships and children showed good psychological adjustment. Several other studies have similar findings. Child custody decisions must be based on facts, not bias.

If you’re trans and there’s evidence you are also severely disabled, or abusing drugs, have an untreated psychiatric condition, or are violent or engaging in crimes, then there could be much stronger grounds to claim you shouldn’t have custody. A parent facing these issues has a lot to lose and needs representation by a child custody attorney.

Trust Taylor B. Warner with Your Child Custody Matter

Gender issues and child custody can be very heated between parents, but what counts most is the child’s best interests. If parents can’t agree to a solution, a judge will decide the outcome of what can be a highly charged issue.

If you want to discuss child custody issues or representation in a child custody matter, call the Law Office of Taylor B. Warner, APLC, so we can discuss the situation, your legal rights, your child’s best interests, and how California law may apply. Speaking with a Rancho Cucamonga  child custody lawyer can give you the clarity and support you need. Contact a child custody law firm that understands the complexities of family law and parenting challenges. You may also call us at (909) 466-5575.

Taylor Warner

Taylor has always been an advocate. Growing up the middle child with an older and a younger brother, Taylor developed a strong voice and personality and has always felt strongly about helping others. Becoming a lawyer seemed to fit Taylor’s personality and character – she is a strong leader and a bold advocate. Learn more here.