If the opposing party is trying to remove you from your child’s life, please consult an attorney who understands your transgender status and your rights as a parent. It is vital to protect your rights before initial custody orders are entered. Once parenting time, visitation or custody is restricted, it becomes difficult to modify those orders.
There are states, including Colorado, which held that if you are not a biological parent, but have taken care of a child as your own, you may be able to obtain parental rights. In Colorado, this concept is known as “psychological parent”. When a court determines that you are a psychological parent, you are entitled to all of the same legal rights as a biological parent. As a transgender raising a child who does not share your DNA, you can qualify for parental rights under the psychological parent doctrine. Please consult an attorney if you believe you may be a psychological parent or entitled to parental rights, so you can better understand and protect your rights.
In the past twenty years, our societal understanding of gender and sexuality and its interplay in marriage and parenting has significantly evolved, ignorance remains. A child’s love for their parent is based on the love, compassion, care and guidance they are provided; not gender, sexuality, or biology. Modern Family Law understands this and is here to help the LGBTQ and cisgendered communities understand and protect their rights.