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Does your gender identity affect child custody?

On Behalf of | Apr 30, 2022 | Firm News |

If you are transgender, you may feel somewhat like your community is under attack. After all, several states have passed laws limiting the rights of transgender citizens. While these laws may seem isolating, you are far from alone. In fact, according to the Gay and Lesbian Alliance Against Defamation, roughly 1.4 million American adults identify as transgender on non-binary.

Your gender identity has little to do with your ability to parent effectively, of course. Still, if you are facing a custody dispute, you may worry about how your transgender identity may influence a judge’s opinion of you. The good news is that your gender identity should not affect the outcome of your child custody matter.

California’s legal protections

California has a long history of protecting the rights of minorities. When it comes to your custody case, Section 3011(b) of the California Family Code expressly prohibits judges from considering any of the following:

  • Sex
  • Gender identity
  • Sexual orientation

The best interests of the child standard

Judges in the Golden State must determine what is best for the involved child when making custody-related orders. Integral to this legal standard is the notion that children should have frequent and ongoing contact with both their parents whenever possible. Therefore, a judge is likely to want to have you play a meaningful role in the upbringing of your child.

Even though you have valuable legal protections under state law, you do not want to press your luck. Ultimately, by invoking all your parental rights, you increase your odds of receiving the custody determination that works best for everyone in your family.