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LGBT family law challenges may affect transgender parties

Each marriage can go through its own set of particular ups and downs, and whether a couple has the ability to overcome those challenges is unique to the situation itself. While many marital issues may seem relatively common, some revelations may be more difficult to face. For instance, what if a spouse reveals that he or she is transgender? Some parties may find they could be facing LGBT family law challenges.

Of course, this type of revelation does not always mean that a New York couple will divorce. The manner in which individuals choose to handle finding out that a spouse is transgender can depend wholly on the parties themselves, their views and their relationship. If couples do choose to end their marriages after this type of disclosure, they may face some unique issues.

Though same-same divorce is often similar to that of heterosexual couples, individuals facing this predicament may have some questions. What may be important to remember, however, is that a person's transitioning or transgender identity may not be used against that individual when it comes to child custody. If the situation does not impact parenting skills and ability, the court will likely review the best interests of the children rather than taking transgender identity into account.

LGBT family law challenges could take differing forms. If individuals fear courtroom bias or other unfair treatment during proceedings, they may wish to consider gaining professional assistance. Experienced attorneys could help concerned New York residents ensure that their rights are upheld during divorce and other family law proceedings.

Source: The Huffington Post, ""Honey, I'm Transgender" -- Navigating Marriage and Divorce When Your Spouse Reveals Their Truth", Lisa Helfend Meyer, July 26, 2017

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