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Allegations of domestic violence color child custody decision

The people of Kennesaw may remember hearing about a transgender man who had gotten pregnant and gave birth to three children with his wife. For nine years he, his wife and three children lived as a happy family, but he recently announced that he and his wife were filing for divorce. Unlike many child custody cases, this is far from normal.

The transgender parent has been given sole physical custody of the children after he alleged that his wife had physically threatened and attacked him. While many factors may have gone into the judge's decision to award sole custody to the father, it is likely that a credible accusation of physical abuse swayed his or her decision.

Currently, the man's wife has supervised parenting time with the three children and it is unknown if she will ask the judge for joint custody. She has, however, denied her husband's allegations. Instead, she says that he had physically and emotionally abused her.

In addition to the obvious complexities surrounding the father and mother's biological connections to the children, the accusations of domestic violence will make this child custody decision extremely difficult for a judge to make.

This story does serve as a good reminder, however, for Georgian parents dealing with a difficult divorce or separation that it is often important to work with an experienced family law attorney when trying to secure physical custody of the children. The more complex of a situation, the harder it is for an individual parent to resolve a child custody issue on their own.

Source: The Huffington Post, "'Pregnant Man' Divorce: Thomas Beatie Granted Sole Custody Of Children," May 25, 2012

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William C. Gentry, Attorney at Law

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