Legal custody disputes related to transgender children present special issues in family court. To help understand these types of disputes, it is important to know terminology, such as:
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Gender identity
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Gender expression
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Transgender
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Nonbinary
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Gender dysphoria
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Transition
It is also important be aware of the people who could be relevant in legal custody disputes involving transgender youth, such as:
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Counselors
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Doctors
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Expert witnesses on transgender youth
Examples of these types of disputes between parents:
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What if one parent is supportive of their child’s gender identity, but the other is not supportive?
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What if parents disagree as to whether and to what extent gender-affirming care should be provided to a child?
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What if one parent views a trans child’s gender expression as a mental health concern?
These of disputes can generally be decided by a Wisconsin Court under the “best interest of the child standard.”
The court can consider the positive or negative impact of gender-affirming health care, mental health care, counseling, and even medications and medical procedures, including hormone therapy, and surgical options.
The court can also consider the existing mental health of the child, and whether there are any existing mental health disorders or the need for assessments or evaluations.
The court will consider the conduct of the parents and the reasons for their support or rejection of the child’s gender identity or expression.
These are complicated matters, and the point of me sharing this information with you is to make you aware of these matters and to help you explore the ideas and concepts.
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