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Can a Court Deny You Custody Based on Your Being Transgender?

If you get divorced or separated, your biggest concern will be custody of your children. In a traditional marriage, the mother is usually given great preference when it comes to custody. This may not seem fair, but it’s the truth.

When a man and woman get divorced, unless there are unique circumstances, the woman is usually going to get primary custody of the kids. This is based on the belief that a mother is the more nurturing of the two parents. The father is usually granted visitation. In some cases, the parents may agree to share custody equally.

In a LGBT relationship, you won’t have opposite sex parents. These relationships typically involve two same-sex parents. And, custody may be determined by who is the legal parent of the children. If only one of the parents are listed as the legal guardian, or adoptive parent, they may be granted full custody.

As complicated as that may seem, things can be even more complicated for transgender parents. Although there is no law that says that transgender parents aren’t entitled to custody, there’s no denying the court may discriminate against transgender parents.

Your Houston LGBT lawyer can help you fight for custody of your children. They will help prove to the court that, not only are you a fit parent, but that you have a right to care for and have custody of your kids.

How is Custody Usually Determined?

Whenever the court is asked to make a determination involving children, they will always ask what is in the best interests of the children? It doesn’t matter if we’re dealing with custody or child support. The children are not going to be made to suffer because their parents can’t get along.

When it comes to custody, the court will use this same approach. They need to ask questions, such as:

  • Will the children be able to stay in the same school with their teachers and friends?
  • Can the children still participate in their extra-curricular activities?
  • Who will be home to help the kids with dinner, baths and homework?
  • Is one parent able to care for a special needs child more than the other?
  • Is one parent employed full-time while the other is a stay-at-home parent?

The answers to these questions will determine who gets primary custody of the children. The goal is to disrupt the kids’ lives as little as possible. In most cases, it’s better for the children to maintain the status quo. If this means one parent has to sacrifice primary custody to the other, than so be it.

Will the Court Treat a Transgender Parent Differently?

The court will never officially confirm that they will treat a transgender parent differently from the other parent. That would be discrimination. But that doesn’t mean they don’t treat transgender parents differently.

A lot of people hold unfair views of transgender parents. They argue that they aren’t the best role models for their children. They claim that children shouldn’t reside with transgender parents if there is a non-transgender parent available for custody.

Some of the unfair rationales for this opinion include:

  • Children will be bullied or harassed if they have a transgender parent
  • Transgender parents aren’t able to relate to their children
  • They can’t provide the nurturing that a non-transgender parent can provide
  • The children will be exposed to harmful and deviant sexual behavior

Your Houston LGBT attorney will go up against these stereotypes on your behalf. They will also work with your ex’s attorney to come up with a custody arrangement that is fair to the whole family.

Your Houston LGBT Lawyer Will Try to Negotiate a Custody Arrangement

Your attorney is going to work hard with the other attorney to come up with a custody arrangement that is fair to everyone. Your odds of getting a fair custody agreement is much higher if you do so out of court.

Your lawyer will determine what your ideal custody arrangement is. They’ll communicate this to the other attorney. Between the two of them, they’ll try to come up with something that works for everyone.

Once your lawyer negotiates your custody agreement, they’ll memorialize it in writing. Once this agreement is signed, it can be enforced by the courts.

Call and Speak with an Experienced LGBT Lawyer in Houston Today

If you’re facing a custody battle with your ex, a Houston LGBT lawyer can help. Your lawyer will work with the other attorney to come up with a custody plan that works for everybody. Call Eddington & Worley today to schedule a consultation.

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