Legal Custody

How Does A Court In Wisconsin Handle Legal Custody And Transgender Youth?

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Legal custody disputes related to transgender children present special issues in family court. To help understand these types of disputes, it is important to know terminology, such as:

  • Gender identity
  • Gender expression
  • Transgender
  • Nonbinary
  • Gender dysphoria
  • Transition

It is also important be aware of the people who could be relevant in legal custody disputes involving transgender youth, such as:

  • Counselors
  • Doctors
  • Expert witnesses on transgender youth

Examples of these types of disputes between parents: 

  • What if one parent is supportive of their child’s gender identity, but the other is not supportive?
  • What if parents disagree as to whether and to what extent gender-affirming care should be provided to a child?
  • What if one parent views a trans child’s gender expression as a mental health concern?

These of disputes can generally be decided by a Wisconsin Court under the “best interest of the child standard.”

The court can consider the positive or negative impact of gender-affirming health care, mental health care, counseling, and even medications and medical procedures, including hormone therapy, and surgical options.

The court can also consider the existing mental health of the child, and whether there are any existing mental health disorders or the need for assessments or evaluations.

The court will consider the conduct of the parents and the reasons for their support or rejection of the child’s gender identity or expression.

These are complicated matters, and the point of me sharing this information with you is to make you aware of these matters and to help you explore the ideas and concepts.

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Author

  • Kyle Kaufman

    Attorney Kyle Kaufman earned his law degree at the DePaul University College of Law in Chicago, Illinois, in 2005. That same year, he returned to Wisconsin and successfully completed the Wisconsin Bar Examination. Throughout his career, Attorney Kaufman built a highly respected practice devoted to divorce and family law, handling complex matters involving child custody, placement, child support, and paternity. Known for his determination in the courtroom, he successfully litigated numerous cases at motion hearings, trials, and dispositional proceedings.

    Attorney at Law | Partner

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