A case from Ohio is at the crossroads of many “hot button” issues in society and family law. It involves the freedom of parents to raise their kids, their ability to instruct their kids in their own religion, the line where parental neglect of a child is crossed, and how much influence over a child’s health care the government should have. The February 2018 decision allowed the teen, through his grandparents, to transition from female to male.

Judge Sylvia Sieve Hendon in Hamilton County Court, gave custody of the teen to his maternal grandparents, not his parents, who opposed the treatment, allowing the grandparents to make medical decisions for him. The 17 year old identifies as male and wants to undergo hormone treatment. The judge based her decision on what she declared to be in the best interests of the teen.

The young man in question was hospitalized in 2016 and diagnosed with depression, anxiety disorder, and gender dysphoria, according to court records. Gender dysphoria is a psychiatric diagnosis defined as a conflict between a person’s physical or assigned gender and the gender with which he/she may identify. The teen was in the temporary legal custody of Hamilton County Job and Family Services and lived with his maternal grandparents.

The teen contacted a crisis chat service in November 2016 and reported he felt unsafe in his parents’ home. He stated his father told him to kill himself because he was “going to Hell anyway”, according to closing arguments. An investigation found the parents stopped their child’s mental health counseling.  His mother emailed his therapist explaining they were seeking “Christian” therapy instead.

The teen’s parents refused to accept his desire to transition to a male and called him by his female name, triggering suicidal feelings, according to court testimony and CNN. Attempted and successful suicide can be byproducts of teenagers’ frustration and thwarted desires to transition from one gender to another.  The teen’s court-appointed guardian testified his grandparents have an open mind about the treatment and will make decisions that are in the best interests of the child. The judge also allowed the grandparents to petition the Probate Court to allow the teen to formally change his name.

Before hormone treatment can start the court ordered that the teen be evaluated by a psychologist who is unaffiliated with his current care givers at Cincinnati Children’s Hospital Medical Center on the issue of “consistency in the child’s gender presentation, and feelings of non-conformity.”

A team from the medical center told the court that he should start treatment as soon as possible to decrease his suicide risk. The parents’ attorney argued that because of the teen’s emotional issues he was not “even close to being able to make such a life-altering decision at this time.” A county prosecuting attorney stated the parents didn’t want their child to have a sex change operation because it violated their religious beliefs.

The decision states the parents shall have visitation rights and are “encouraged to work toward a reintegration of the child into the extended family.” The parents stated they didn’t object to their child living with his grandparents and claimed their objections to the treatment were based on medical, not religious, reasons.

The decision underscores the fact that in custody cases a judge will decide an outcome based on what he or she sees is in the best interests of the child. Although parents have rights to raise their children and instruct them on their religious beliefs, those rights aren’t limitless and can be overcome if a child is at risk of imminent harm.

If you are facing a gender identification or child custody issue, call the Central Jersey law offices of Hanan M. Isaacs, P.C., at 609-683-7400, or contact us online, for a near-term reduced fee initial consultation.  We will listen to your facts, explain the laws, and advise you about your best options to protect your legal rights and interests and those of your child.  Call now.  You will be glad you did.