Views in the best interests of the child, Miranda Stevens-Miller

In late February, transgender community in the world has been exalted by the message by a Florida court has recognized the rights of transsexuals to bring a father for custody of her children, and that the Court has decided in its favor by awarding custody of Michael Kantaras. This victory was very hotly disputed after years of bad decisions frightening, Texas and Kansas, where the marriages of transsexuals, two women were invalidated because the Tribunal said they were not women.

The case achieved notoriety Florida, because television Tribunal, he lives in early 2002. And after reviewing all the evidence for almost a year, the Tribunal came to the reasonable conclusion, it could come … Michael Kantaras is a man who was married to his ex-wife, and he was in the best interest of the child, give him custody.

Last year a court in Cook County was a similar case. Transgender A man had married his wife in 1985, had a contract to raise their child conceived by artificial insemination, had divorced his wife, and he appeals to the custody of their son 11 years. The father of the child and young loves his father and wants to live with him. But in the last month, Judge Gerald Bender, working with facts very similar to the Florida case, not only for the custody of the mother, but also invalidated both the sex of the man and his marriage. Bender judge said that “marriage is not to resolve it,” because the Illinois law prohibits gay marriages.

What is the difference between these cases? Why Illinois joined the ranks of big states of Texas and progressive Kansas? What happened in Illinois? For one thing, if you local newspapers on cases of Cook County, you were probably left with the impression that the father had anyway not meet the standard qualifications for the evolution between the sexes in the State of Illinois. In this case, you may be concluded that the judge was a good decision in the judgement, the marriage is not valid. I myself came to this conclusion based on facts, as defined in the newspapers. But it was a bad conclusion.

It may be that the father of surgery is not yet completed within the period of marriage, and not on the legal consequences of its documents confirmation male. But it was male hormones at the time of marriage, and was male hormones, because he was a teenager. And then he had surgery and had amended its documentation and male.

In addition, I recently discovered that there is a little known provision in the marriage law of Illinois, that states something to the effect that if a marriage is not valid, because some legal obstacles And if the obstacle is removed later, the marriage is declared to be a legally sanctioned marriage. In this case, the minor was unimpeded legal personality documents indicating the sex of the father, and it was resolved when it operates and has obtained documents corrected.

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