Transgender and non-binary (collectively, transgender) youth are beloved members of communities around the globe. In recent years, there has been an increased awareness of the presence of transgender youth in society, as well as increased media attention to matters relating to care for transgender youth. According to a report from The Williams Institute at the UCLA School of Law issued in June 2022, nationally, 1.4% of youth ages 13-17 identify as transgender. Jody L. Herman, Andrew R. Flores & Katheryn K. O’Neill, “How Many Adults and Youth Identify as Transgender in the United States”, The Williams Institute, UCLA School of Law, June 2022.
Naturally, some transgender children have parents who are separating, divorcing, or already separated. If a family law practitioner has not yet encountered the presence of a transgender child in a custody dispute, it is likely only a matter of time before they will. As with other new aspects of the cases that cross our desks, educating ourselves is the key to success in navigating these matters; indeed, the New York Rules of Professional Conduct require lawyers to provide competent representation to clients, noting that “competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.” (New York Rules of Professional Conduct 1.1).