Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Entire DC Network
Boy Or Girl: Who Gets To Decide: Gender-Nonconforming Children In Child Custody Cases, David Alan Perkiss
Boy Or Girl: Who Gets To Decide: Gender-Nonconforming Children In Child Custody Cases, David Alan Perkiss
UC Law SF Journal on Gender and Justice
Transgender youth, especially those in families that express rejecting behavior, are at great risk for physical and psychological harms that can be alleviated by the support of family. However, when separated parents disagree about whether to support their gender-nonconforming children in their felt genders, especially as more transgender youth come out at earlier ages, disagreements between the parents leads to harm for the child as well as renewed custody challenges. This disagreement was adjudicated in the custody dispute Smith v. Smith. This Article analyzes Smith and applies to cases involving gender-nonconforming children, regardless of a court's finding of gender identity …