Earlier this year, Pride.com included Colorado in a list of the six best states in the country for trans people.
The article cites a variety of factors, including the Colorado Anti-Discrimination Act (CADA), which protects transgender men and women from discrimination. It provides protection from discrimination in employment and more. As early as 2013, this act was used to protect transgender students’ right to use the bathroom consistent with their gender identity, even before Obama’s directive ordered public schools nationwide to do so. But how do trans people fare when it comes to Colorado family law?
Trans People And Family Law
In terms of divorce, property division, child custody and other family law matters, trans men and women should not encounter discrimination in Colorado courtrooms.
Unfortunately, what the law says in regard to transgender rights, and how family law judges act are not always aligned. While most judges strive not to discriminate, it can still happen. The reality is that few judges have a solid understanding of trans people and transgender issues. Furthermore, trans people may experience discrimination from other angles, particularly opposing parties.
For example, in a child custody case involving a trans person, it is possible that the other parent will attempt to use the trans parent’s gender identity against him or her. In fact, the other parent may actually believe that the child needs to be “protected” from the transgender parent, and thus attack the trans parent’s parental fitness or status.
Legal Advocates For Trans People
It is not unusual for these cases to involve animosity from opposing parties and unique challenges, making it all the more important that trans people have an advocate on their side who knows the law, understands the challenges and is willing to work to overcome them in order to obtain a positive outcome.
At Scardina Family Law, we are passionate supporters of LGBT rights and the rights of transgender people, including transgender parents and parents of transgender children. Our attorneys will assist with all legal issues faced by trans people such as name changes, health care access, divorce, division of property, parental rights and more.