Julia S
02-24-03, 10:20 PM
Transsexual Dad Wins Child Custody
Mon Feb 24,10:10 AM ET
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CLEARWATER, Fla. (Reuters) - A man who was born a woman won custody of two children on Friday, with the judge ruling he is legally a male and his marriage to their mother did not violate Florida's ban on same-sex unions.
The 800-page ruling gave Michael Kantaras sole custody of the 14-year-old son and 11-year-old daughter born to his ex-wife.
"It's the first time there has been a transsexual custody case where the court had medical testimony presented," Kantaras' attorney Collin Vause said. "The judge found that Michael is medically, socially and legally a male."
Kantaras, 42, was born Margo Kantaras and underwent surgery and hormonal treatment to become a man in the 1980s, legally changing his name to Michael in 1986. He married Linda Forsythe Kantaras in 1989 and adopted her baby son from a previous relationship.
Later, Linda Kantaras was artificially inseminated with sperm donated from Michael's brother and the couple had a daughter. They divorced after Michael became involved with another woman, and have battled in court for more than four years over custody of the children.
Before he could resolve the custody issue, Circuit Judge Gerard O'Brien had to decide whether the marriage and the adoption of the older child were legally valid.
Attorneys for Linda Kantaras, who knew before marrying him that her husband had a sex change, argued that Michael was genetically a female and therefore the marriage and adoption were fraudulent. Florida law prohibits same-sex marriages and bars homosexuals from adopting children.
Her attorneys also argued that being raised by a transsexual would be detrimental to the children.
Three medical experts testified that Michael was a male. Testifying in January, he told the court "I may have been born in one body, but my mind and my soul and my heart is that of a male."
"You don't need certain body parts to be a good person and a good parent," he said.
A court-appointed psychologist recommended that Michael, a bakery manager, be given custody of the children. The judge also met privately with the children before ruling.
"These children are innocent and have been intentionally drawn into this adult conflict over transsexualism," he wrote in his ruling.
O'Brien said Florida law did not require marriage license applicants to prove their gender and that a narrow and rigid interpretation of the marriage statute could lead to "calamitous results for these children."
Mon Feb 24,10:10 AM ET
Add Oddly Enough - Reuters to My Yahoo!
CLEARWATER, Fla. (Reuters) - A man who was born a woman won custody of two children on Friday, with the judge ruling he is legally a male and his marriage to their mother did not violate Florida's ban on same-sex unions.
The 800-page ruling gave Michael Kantaras sole custody of the 14-year-old son and 11-year-old daughter born to his ex-wife.
"It's the first time there has been a transsexual custody case where the court had medical testimony presented," Kantaras' attorney Collin Vause said. "The judge found that Michael is medically, socially and legally a male."
Kantaras, 42, was born Margo Kantaras and underwent surgery and hormonal treatment to become a man in the 1980s, legally changing his name to Michael in 1986. He married Linda Forsythe Kantaras in 1989 and adopted her baby son from a previous relationship.
Later, Linda Kantaras was artificially inseminated with sperm donated from Michael's brother and the couple had a daughter. They divorced after Michael became involved with another woman, and have battled in court for more than four years over custody of the children.
Before he could resolve the custody issue, Circuit Judge Gerard O'Brien had to decide whether the marriage and the adoption of the older child were legally valid.
Attorneys for Linda Kantaras, who knew before marrying him that her husband had a sex change, argued that Michael was genetically a female and therefore the marriage and adoption were fraudulent. Florida law prohibits same-sex marriages and bars homosexuals from adopting children.
Her attorneys also argued that being raised by a transsexual would be detrimental to the children.
Three medical experts testified that Michael was a male. Testifying in January, he told the court "I may have been born in one body, but my mind and my soul and my heart is that of a male."
"You don't need certain body parts to be a good person and a good parent," he said.
A court-appointed psychologist recommended that Michael, a bakery manager, be given custody of the children. The judge also met privately with the children before ruling.
"These children are innocent and have been intentionally drawn into this adult conflict over transsexualism," he wrote in his ruling.
O'Brien said Florida law did not require marriage license applicants to prove their gender and that a narrow and rigid interpretation of the marriage statute could lead to "calamitous results for these children."