Transgender Parentins Case Raises Questions In New York

November 2, 2009

New York (ChattahBox) – Two parents, one the biological mother, and one the transgendered, but not biological, father have split, and a custody battle has begun, raising questions in the wake of a lack of laws to deal with such a situation.

Sam and Melanie, whose names have been changed to protect their identity, have been together for quite some time. They were married in the mid 90′s, and their marriage was annulled in 1998, after a judge found that they had listed Sam as male, despite that fact that he has not yet had a sex change operation.

In 2007, the split up, and Sam sued for custody of the couple’s then 5-year-old son.

Now, a judge has ruled the custody battle legal, offering Sam, the same transgendered man that very judge had dismissed the marriage of, the right to sue for custody.

“When the judge gave him standing to sue for custody, I thought, ‘What’s happening? She voided the marriage, she knows he is a woman.’ It’s ludicrous,” the mother told the NY Daily News in an interview.

Certainly, this change of heart is related directly to the fact that the two have split up. After all, they opted to have the baby together, using a donor, but both as parents.

The fact that New York has no laws dealing with this type of case, or with any same-sex issues, as a whole, has made this a complicated case. One that will likely go on for quite some time.

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