Platt Writes About Transgender Youth in Custody Disputes
Pryor Cashman Partner Karen Platt, a member of the Family Law Group, has written an article for the New York Law Journal discussing the legal processes involved in custody battles concerning transgender children.
In “Transgender Youth in the Context of Custody Conflicts,” Karen highlights how disagreements between parents over their child’s gender identity can escalate during custody battles:
At times, a child’s status as transgender is a source of conflict between parents who may not agree as to how to respond to the child’s gender identity. One parent may fully support the child’s transgender identity, and the other may not. Even if both parents are supportive, they may be at odds regarding the nature of the support, or “gender-affirming care,” to be given to the child. This may be true for intact families, where the conflict may be so significant it leads to divorce, or for already separated or divorced parents.
[…]Where one parent is advocating for mental health and/or medical treatment for a child, against the position of the other parent, a court may need to weigh in to determine which parent will have decision-making authority over such matters, either in connection with an initial custody determination, or an application to modify an existing custody agreement or order. If parents have joint legal custody through an existing court order or parenting agreement but cannot reach agreement regarding gender-affirming care, a parent may need to seek a change in custody, identifying the child’s transgender status as the requisite change in circumstances. Again, a court does not decide whether a child should receive certain gender-affirming care, but rather determines which parent has the right to make such decisions for the child.
She also outlines important steps that a supportive parent can take to strengthen their case in the eyes of the court:
In order to report accurately about the child’s needs, the supportive parent should be encouraged to keep notes, documenting the child’s statements about their identity and their gender expression. The child’s own representations of themselves, such as drawings and writings, may be useful, as may be photographs of the child. If there are adults in the child’s life who have observed the child’s gender journey, such as a teacher, school counselor or coach, the supportive parent may encourage those adults to share their observations with the court. The supportive parent may also benefit from speaking to physicians, counselors, a local gender clinic, and local LGBTQ+ organizations for guidance on focusing on the child’s needs and avoiding unnecessary parental conflict.
Additionally, Karen suggests advocating for the appointment of an attorney to represent the child as an option in custody disputes:
Advocating for the appointment of an attorney for the child (AFC) is an important step to consider in such custody disputes as well. The AFC is the voice of the child to the court and is able to present the child’s narrative to the court without parental bias, advocating for the child’s needs. Under the Rules of the Chief Judge §7.2(d)(2), “if the child is capable of knowing, voluntary and considered judgment, the attorney for the child should be directed by the wishes of the child, even if the attorney for the child believes that what the child wants is not in the child’s best interests.”
Read the full article using the link below (subscription may be required).
