Will I get custody over my children post-transition ?
After the transition, if you are divorced or separated from your spouse, where will the kids go? What about transmen, will they be allowed to see their kids again?
Sriraksha V Srivastava lays down the rules for us.
What happens to your children after you transition?
So there are two cases of divorce, as Sriraksha points out.
One is where the couples are amicably divorcing and the other is where that is not the case.
What about children in an amicable divorce?
So sometimes couples divorce amicably and then they decide to be co-parents together. They sign a co-parenting plan together. They can separate or stay together. In this, they should sign a co-parenting agreement.
What is a co-parenting agreement?
In a co-parenting agreement, the couple decides that they both have rights over the children. This includes visitation rights and other rights. They can share the vacations of children- they can divide spending time during Summer and Winter vacations as well as the regular visits during weekends throughout the year. The parents and the parenting system is intact and a planned chart is prepared with the rights and responsibilities of each parent.
This would mean that you can still stay and interact with the kids after transitioning.
What happens to transpeople’s children in bad divorces?
If the divorce wasn’t amicable then that would have resulted in fights and anger which prevents them from thinking of a plan for parenting or just trying to keep them from the transitioning parent.
In this case, one can go to a family court or a relevant district court and file a request saying even though you have transitioned you are still a parent. And so you do have a right over them and you get to meet them.
