Guide to transgender law broad in scope, essential reference for family-law lawyers

By Lee M. Peterson
The Daily Record Newswire
 
“Transgender Family Law: A Guide to Effective Advocacy” is the first book that I am aware of that exclusively addresses family legal issues faced by transgender people. It provides a broad and compelling overview of the obstacles faced by transgender clients and how practitioners can assist them in navigating the myriad of legal issues.

Chapter one opens with a practical description of how attorneys may improve clients’ comfort by addressing biases against transgendered individuals in both their offices and in court. The authors provide a simple checklist to make your law office welcoming for transgender clients.

The second chapter focuses on various legal documents, such as change of name, change of sex, amended birth certificates and social security records.
The next several chapters describe legal challenges faced by transgender clients, including marriage and relationship dissolution, parental rights and custody disputes. There is even a chapter devoted to legal protections for transgender youths, including discussions regarding emancipation, foster care, juvenile justice and educational institutions.

The final chapters discuss intimate partner violence, immigration issues and estate planning.

The editors took on a significant challenge in tackling all of these topics in one book, and some topics may have exceeded the scope of the title “family law.” As a result, the book only provides a brief overview of these issues, albeit with suggestions about where to find additional information.

Because family law is typically state-specific, a few more state-specific examples would be welcome. The appendix provides several resources for practitioners representing transgender individuals, including lists of organizations that focus on transgender law, sample letters, pleadings and agreements. It also provides checklists for fact-gathering with clients and professionals.

All family law practitioners should read “Transgender Family Law,” even if they do not have transgender clients, as it provides useful tips to make law practices welcoming and inviting to all.

The book also serves as an important reminder that effective advocacy should focus on the facts of the case and the best interests of children, not an individual’s gender identity or sexual orientation.

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