GayCityNews.com – By: Arthur S. Leonard
A trial judge’s decision to switch custody of two young boys from their mother, who supports her older son’s apparent desire to dress and act as a girl, to their father, who rejects the idea that his son is transsexual, has been upheld by an Ohio appeals court.
The March 23 opinion, written by 7th District Appellate Judge Cheryl L. Waite, reflects uncertainty about how early in life it can be said that somebody is transsexual.
Victoria and Kevin Smith married in 1994, and had two sons, born in 1994 and 1998. Under the terms of their 2001 divorce, it was determined the boys would live with Victoria.
The older boy had already displayed signs of gender non-conformity at that point, according to Victoria, although Kevin denied having noticed anything. His contact, however, with the boy was limited over the following years.