Transsexual Denied Custody Of His Child

[davidinalameda]

http://www.365gay.com/newscon05/02/021705chicTS.htm

The Illinois Court of Appeals has ruled that a transsexual male has no right to custody of his 10 year old son.

The court said that Sterling Simmons, a 46 year old female to male transsexual legally wasn't a man when he married Jennifer Simmons.

Sterling Simmons is in the process of transitioning. He has had his birth certificate changed to reflect his male gender, but doctors said he still has a vagina and breasts.

[readmoreoften]

1. s'fucked up!

This whole 'not legally male' until you get dangerous and useless bottom surgery pisses me off. Why should a transman have his vagina removed and a useless flaccid penis made from his stomach tissue if he just wants to take T and live life as a man? Not to mention that the surgery is $100-150,000 dollars.

sigh...

[TaleWgnDg]

2. Waitaminute . . . waitaminute . . . waitaminute . . .

.
Waitaminute . . . waitaminute . . . waitaminute . . . lemme get this straight (cough) . . .

So, an Illinois state appellate court ruled that a 46 y.o. transsexual female-to-male who has been in a committed relationship with a female who, in turn, has given birth ten years ago via in vitro fertilization to a (male) child during this relationship, and that the ten year old child has been raised by and knows the transsexual as his father, cannot get custody of this child because of the father's transsexuality? Am I getting this correct?

What's this? Oh, I see, since Illinois doesn't grant same-sex marriage nor recognize transsexuality in marriages, it's frig the kid's best interests!! Frig the bonding between the transsexual father and the kid? Frig the abandonment issues this ruling causes of the kid? Frig the weight of the testimony of the 10 y.o. kid as to where he wants to reside?

And what does "some visitation" mean? If the transsexual father has been found "fit" to be granted "some visitation" by the trial court which was upheld by the appellate court, then why not (at least shared) custody in the child's best interests? Maybe, just maybe (as I say this sarcastically), the transsexual female-to-male father should have legally adopted this 10 y.o. child that he's raised from birth. Would there have been roadblocks to that as well in Illinois?

---

edited to add: ah-ha and the "plot" thickens . . . it seems there was a marriage in 1985 between this couple

"In re Marriage of Simmons
Illinois Appeal pending

NCLR is representing Sterling Simmons, a transgender father in Chicago, in a marriage and custody case. Sterling and his former wife married in 1985 and had a child together in 1992 through alternative insemination. When Sterling filed for divorce in 1998, his wife counter-petitioned to have their marriage declared void and to terminate Sterling's parental rights. In April 2003, the trial court granted her petition, ruling that Sterling is not legally male, was not legally married, and is not a legal parent. Sterling is appealing the decision to the Illinois Appellate Court. NCLR is representing Sterling on appeal, together with the Chicago firm of Lehrer and Redleaf. Chicago family law attorney Richard Wilson is also providing assistance on the case." http://www.nclrights.org/cases/simmons.htm (as last visited 2/19/05)"

NCLR = National Center for Lesbian Rights (which is a California non-profit law firm and legal information resource center that represents lesbians as well as GBTs).

---

My parting comment is that apparently the Illinois courts, both trial and appellate level, did not recognize the 1985 marriage between this couple because both were of the same sex. And since there was no marriage, then there can be no legal custody of the non-married non-biological parent (the transsexual female-to-male father) despite the fact that the father raised and has bonded with his child since birth. This is, of course, speculation on my behalf, having not read the court's opinion. However, my math says that this kid is approximately 13 years old (having been born in 1992) and must now live with his biological mother and be visited, only, by his non-biological transsexual father. How sad.

[khashka]

3. Totally Fucked

See this one of the reasons I think gender (and therefore transgender) issues are some of the most important things to address. I am a man. Born that way, which had nothing whatsoever to do with me. It just worked out OK - luck, circumstance, whatever. Some people aren't so lucky and have to endure a great deal of emotional and financial and physical hardship to change their circumstances. Good for them for doing it! It's quite a revelation, a liberation to see their strength.

And after everything, the State takes your child away. If anyone had tried to take my daughter out of my life or me out of hers... well, I honestly think I would have killed them. And transgendered men and women love their children no less than I do.

Fuck this shit, it's time for a revolution.

Khash.

[readmoreoften]

4. i'm with you khash

revolution time

[khashka]

5. By the way

love - that is "love" in huge type and dozens of really cool fonts - your screen name. I'm a writer and have managed a couple bookstores. So, yes, readmoreoften! As often as you can stand!

Khash.

[readmoreoften]

6. Thanks

it's an exhortation to myself, actually. I love books. Big time book fetish. Writer here too.

[khashka]

7. Thank You

It's always nice to meet someone who loves books like I do. And also someone who cares about transgender issues.

Have you read Gender Outlaw by Kate Bornstein? I recommend it highly for anyone who cares about gender issues and you don't have to slog through a lot of academic stuff - it's chatty and funny and she really knows what she's talking about.

Khash.