Custody Issues in Transgender Parenting

In child custody cases, judges make decisions based on several factors relating to the practical, emotional, and psychological needs of the child(ren) in question, as well as the ability of the parents to meet those needs; often a subjective interpretation of a parent’s morality is part of the criteria in making this decision. The abstract nature of what is in the “best interest of the child” allows judges expansive discretionary freedom, allowing potential biases to be part of their ruling. Further, the ruling is one of rather high stakes because custody decisions are rarely reviewed, and are not overturned unless there is considerable evidence of court error.

There is a rulings precedent that a parent’s race or religion is beyond the scope of the court’s opinion ...