As awareness and understanding of transgendered people and related issues grows, courts are being forced to examine how the “best interest of the child,” the standard used in all custody cases, is applied in cases where the parents disagree about raising their child as a transgendered individual. From hormone replacement therapy to name changes to transformative surgeries, transgendered children are fighting to establish their right to make changes to their identity without both parents’ consent.
Factors that may be considered:
In a New Jersey case of first impression, Sacklow v. Betts, the mother of a transgendered child who was given a female name at birth was seeking to gain approval for the child’s name to be changed to a male name of his choosing, despite his father’s objection to his son pursuing his transgendered identity.
When considering whether the name change application should be approved, the court applied the “best interest of the child” standard and pointed to the following factors to support their decision to allow the child’s name change:
- The child’s age
- How long the child has used the preferred name
- Any potential anxiety, embarrassment, or discomfort that may result from the child having a name he or she believes does not match his or her outward appearance and gender identity
- The history of any medical or mental health counseling the child has received
- The name the child is known by in his or her family, school, and community
- The child’s preference and motivations for seeking the name change
- Whether both parents consent to the change and, if not, why consent is lacking
Although these factors are not exhaustive, the court suggested them as a framework that other courts could use to determine when changing a child’s name is in their best interest, despite not having the consent of both parents.
Protecting New York children and families
At the Law Offices of Stacy Sabatini, Esq., we work hard to protect the best interest of New York’s children by providing experienced family law representation to residents of Rockland, Orange, and Westchester counties. To schedule your initial consultation at our New City, New York office and to hear more information about how we can guide you through the custody process, please contact us online at www.sskfamilylaw.com.