Carton & Rosoff PC-Attorney at Law

Resolving disputes creatively

Transgendered parents face difficulties in child custody cases

With the recent advent of marriage equality laws, the transgendered community in New York has been given a new set of rights. Members of the transgender community can now get married and are subjected to the same marital and family laws as that of their heterosexual counterparts.

In several cases, a transgendered New Yorker may have separated from their spouses or intimate partners while sharing a child. In such cases, a child custody battle can get very complicated for the transgendered couple above and beyond their heterosexual counterparts even with the equality laws in play.

One of the most popular Hollywood news stories today is the case of Bruce Jenner, an ex-track and field Olympian and part of the infamous Kardashian-Jenner patriarch. His recent announcement of transitioning into a woman has become controversial with various sections of the society celebrating his courage as well as criticizing the move as a need for attention. While most of his children are now adults with their own fame and fortune, his youngest daughter Kylie is still 17 and child custody issues relating to her have gained a lot of attention.

When one of the parents in a child custody battle reassigns their gender to the affect that both parents now become of the same gender, such cases can create a legal hassle in the court of law. Thus, in addition to the fear of social stigma and emotional trauma, one may wish to consult with a professional family law attorney in order to understand the specific rules and legislations that would be applicable in their individual case.

In cases where the desire to transition to the other gender makes the biological parents of the child members of the same gender, New York laws governing the gay and lesbian community are applicable. In cases where a previously gay or lesbian couple now becomes a technically heterosexual couple due to the transition, the laws for any heterosexual couples might be applied in the court of law as well.

Source:, "Transgender parents face uphill battle for child custody and visitation in court," Juliette Fairley, May 20, 2015

No Comments

Leave a comment
Comment Information

Contact Form

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Carton & Rosoff PC
150 Grand Street, Suite 305
White Plains, NY 10601

Phone: 914-949-6700
Fax: 914-381-7158
White Plains Law Office Map

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.