University of Wisconsin–Madison

Protecting the Rights of Transgender Parents and Their Children: A Guide for Parents and Lawyers

Type Policy Brief or Report
Year 2013
Level State
State(s) All States
Policy Areas Children & Families, Civil Rights
It is common for transgender parents who have come out or transitioned after having a child to have their gender transition raised as a basis to deny or restrict them from child custody or visitation. Many of these parents have been treated terribly by the courts because judges have a limited understanding of what it means to be transgender and they have very little—and inconsistent—case law to guide them. In addressing the challenges to the fitness of transgender parents and the challenges to the legal parental status of transgender parents, this report aims to provide information to transgender parents and their attorneys to help them protect parent-child relationships and assist them when faced with disputes over child custody issues.

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