Clearwater, USA
— A transsexual and his former wife have settled
their seven-year custody dispute, ending a landmark case
that pitted the rights of transgendered people against
defenders of traditional marriage.
Under the settlement,
transsexual Michael Kantaras <http://www.courttv.com/trials/kantaras/>
will share custody of two children with his former wife,
Linda.
The accord was reached
May 26 after the former couple, who both live in Holiday,
taped two segments on the Dr. Phil show, then headed to
mediation.
Senior Judge Gerard
O'Brien Jr., who oversaw the case, approved the
settlement Friday.
"This arrangement is
really designed to bring the litigation to an end so the
children can be put above the interest of everyone," said
Mathew Staver, who represents Linda Kantaras and is
president of the Liberty Counsel, a religious rights
group based in Orlando.
"It could be very nasty
at this stage and very emotional, and the children just
really don't need their emotions dragged through a
courtroom any further," he said.
Although the case has
ended, it left a powerful precedent in Florida when an
appeals court ruled that the state cannot recognize a
transsexual's new gender. The ruling says that a person's
sex at birth cannot be legally changed.
The Florida Supreme Court
has refused to hear an appeal of that
decision.
"There's no question that
the court of appeals decision was extremely
disappointing," said Karen Doering, a National Center for
Lesbian Rights <http://www.nclrights.org/>
attorney who represented Michael Kantaras.
Michael Kantaras, who was
named Margo at birth, underwent sex-reassignment surgery
in 1987, then in 1989 married Linda, who knew he was a
transsexual.
Michael has no direct
biological ties to the children, who today are 15 and 13.
He adopted the oldest, whom his ex-wife had through a
previous relationship. The youngest was conceived through
artificial insemination with donor sperm from Michael
Kantaras' brother.
Michael filed for divorce
in 1998 and the custody battle began. Linda argued that
Michael had no rights to the children because the
marriage should not have been allowed. She claimed
Michael was still a woman, which would void the marriage
in Florida, where same-sex marriages are
illegal.
Michael contended he was
the most fit parent and had a right to raise the
children. The court case in 2002 drew international
attention and was featured on Court TV.
The case was at times
contentious. Both parties accused the other of bad
parenting. Linda said Michael would have no rights to the
children if she won custody.
Judge O'Brien heard from
several doctors who said Michael was "irreversibly a
male." He studied the issue for a year before issuing an
809-page epic ruling that granted custody to Michael. The
key part of the decision was O'Brien's ruling that
Michael, indeed, was a man.
Linda appealed. More than
a year later, the 2nd District Court of Appeal in
Lakeland reversed O'Brien and said a person's gender is
established at birth and cannot change. The appeals court
did not decide on the child custody issue, however, and
sent that back to O'Brien.
After new arguments in
January that were guided by the appeals decision, O'Brien
again retreated to render a decision.
In the meantime, the Dr.
Phil show, which had been featuring child custody cases,
called the attorneys for Michael and Linda and arranged
for them to come on the show. The parties
agreed.
During the taping, Dr.
Phil scolded both Michael and Linda for getting into such
a drawn-out court battle and not putting the children
first. The couple agreed to mediation. They came back for
a second show, then met for another mediation meeting May
26 in Tampa.
After about eight hours
of negotiations, they had a deal.
The settlement places the
children with Linda on most days, but gives Michael
significant time with them as well. The former couple
also will split some decisionmaking power.
Linda, for instance,
decides on school issues. Michael gets final say on
school-related extracurricular activities.
"It works out fairly
equal," Doering said. "I expect there will probably be a
few speed bumps in the beginning, but I think both
Michael and Linda are really committed to doing what's
good for these two kids."
Staver said he's pleased
the kids' mother will now be more involved in their
lives. He's also pleased that the case left a precedent
that protects traditional marriage.
"I think it preserves the
marriage institution," he said.
Judge O'Brien said he's
pleased the settlement was reached and gives much credit
to the Dr. Phil show.
O'Brien said he
understands why the appeals court reversed his original
order because it matches traditional court rulings on the
matter. But he believes courts are beginning to recognize
the rights of transsexuals.
Doering said the case
also should remind all parents that they should settle
their differences during custody battles and come to an
accord.
"This was one of the most
complex cases you could have scripted, and if these two
parents can come together and put their kids first, I
think it's a great message of hope for anybody out
there," she said. "Because if they can do it, anybody
can."
