Sex-change dad wins custody case

Sex-change dad wins custody case

A Florida transsexual has been awarded custody of two children who are not his genetic offspring, in what is being hailed as a landmark ruling.

A bitter custody battle had been fought by Michael and Linda Kantaras, who split up after seven years of marriage.

This is an amazing decision, because the judge has overlooked the fact that he's a transsexual and looked at the best interests of the children

Lynne Gold-Bikin
former chair of family law section, US Bar Association

A judge ruled that 43-year-old Mr Kantaras was a man and the better parent to bring up the children.

He also threw out claims by lawyers for Mr Kantaras' ex-wife that the marriage was not legal under Florida laws.

Correspondents say the ruling is the first of its kind in Florida and sets a national precedent.

Michael, who was born Margo Kantaras, underwent a sex change operation in Texas in 1986 and his former wife knew he was a transsexual when they married.

Three medical experts testified at the three-week hearing that Michael Kantaras was a man.

Proving gender

In a ruling running to 809 pages, which came more than a year after the trial, Judge Gerard O'Brien said a court-appointed psychologist had recommended that Michael Kantaras be given custody of the boy and girl.

Under state law, same-sex couples are not allowed to marry and lawyers for Linda Kantaras had contended the union was invalid because Mr Kantaras was not legally a man when they wed in 1989.

However Judge O'Brien said there was "no statutory requirement that the applicants [for marriage] shall prove their gender."

The law "provides that marriage shall take place between one man and one woman. It does not provide when such status of being a man or woman shall be determined."

He warned that a narrow and rigid interpretation of the marriage laws could have "calamitous results" for the children.

Appeal?

Mr Kantaras had already adopted the teenage boy, born to Linda Kantaras from a previous relationship.

The girl was conceived during their marriage by Mrs Kantaras using donated sperm.

Following the ruling Mr Kantaras said in a statement: "I'm so relieved. Now my kids and I can get on with our lives in peace."

His ex-wife and her lawyer have previously said they would appeal if they lost.