{"id":2594,"date":"2017-06-29T15:35:41","date_gmt":"2017-06-29T19:35:41","guid":{"rendered":"https:\/\/thedurstfirm.com\/?p=2594"},"modified":"2017-06-29T15:35:41","modified_gmt":"2017-06-29T19:35:41","slug":"transgender-issues-arrive-in-family-court","status":"publish","type":"post","link":"https:\/\/thedurstfirm.com\/?p=2594","title":{"rendered":"Transgender issues arrive in family court"},"content":{"rendered":"<p>When people ask me why I chose to practice family law is that it allows me to help families through very difficult times.\u00a0 Another reason is that family law deals with a wide range of issues that have impacts which extend beyond my particular client.<\/p>\n<p>One such issue was recently addressed for the first time in a New Jersey court.\u00a0 The controversy centered around whether a parent would be able to implement a name change for a transgendered child.\u00a0 The child was given a name at birth that corresponded with their physical sexual identity.\u00a0 Later on, as it became apparent the child was transgendered, a request was made to allow the child to adopt a name that corresponded with their true sexual identity.\u00a0 In determining how to make such a decision, the court determined that the &#8220;best interests of the child&#8221; standard should apply.<\/p>\n<p>For a summary of this case, see the following summary from the NJ Law Journal.<\/p>\n<p>FAMILY LAW<br \/>\n20-3-3621 Sacklow v. Betts, N.J. Super. Ch. Div. (Silva, J.S.C.) (17 pp.) This opinion addresses an issue of first impression before the court; the standard to apply to a transgender minor child\u2019s name change application. The court finds that the best interest of the child standard should govern the court\u2019s decision and that the following factors should be considered when determining whether a name change is in the minor child\u2019s best interest, where the minor child is transgender and wishes to assume a name they believe corresponds to the gender they identify with: (1) the age of the child; (2) the length of time the child has used the preferred name; (3) any potential anxiety, embarrassment or discomfort that may result from the child having a name he or she believes does not match his or her outward appearance and gender identity; (4) the history of any medical or mental health counseling the child has received; (5) the name the child is known by in his or her family, school and community; (6) the child\u2019s preference and motivations for seeking the name change; and (7) whether both parents consent to the name change, and if consent is not given, the reason for withholding consent. After analyzing these factors in light of the testimony and facts presented in the case before the court, plaintiff\u2019s motion to legally change Veronica\u2019s name to Trevor was granted. (Approved for Publication)<\/p>\n","protected":false},"excerpt":{"rendered":"<p>When people ask me why I chose to practice family law is that it allows me to help families through very difficult times.\u00a0 Another reason is that family law deals with a wide range of issues that have impacts which &hellip; <a href=\"https:\/\/thedurstfirm.com\/?p=2594\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"_wpas_customize_per_network":false},"categories":[28],"tags":[183,153,29,32,182],"class_list":["post-2594","post","type-post","status-publish","format-standard","hentry","category-durstfirm-news","tag-best-interests","tag-court","tag-divorce","tag-durst","tag-nj-transgender"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p6omM8-FQ","jetpack_likes_enabled":true,"jetpack-related-posts":[{"id":1913,"url":"https:\/\/thedurstfirm.com\/?p=1913","url_meta":{"origin":2594,"position":0},"title":"Knowledge is power: Understanding common legal terms for NJ family law","author":"Sandy Durst","date":"December 19, 2015","format":false,"excerpt":"Useful terms for your NJ Family Law Case \u00a0 The saying \u201cknowledge is power\u201d is relevant to New Jersey Family Law.\u00a0 At The Durst Firm, we believe that educating our clients allows them the better engage in the proceedings, better understand what is happening with their case, and better assist\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"Employment Law","src":"https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2012\/05\/employmentlaw-300.jpg?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]},{"id":1903,"url":"https:\/\/thedurstfirm.com\/?p=1903","url_meta":{"origin":2594,"position":1},"title":"What is a NJ Child Support Hearing Officer?","author":"Sandy Durst","date":"November 27, 2015","format":false,"excerpt":"The first time may potential client's contat The Durst Firm is when they have unexpectedly received a notice from Family Court requring them to report on a specific date to appear before a Child Support Hearing Officer. So what is a Child Support Hearing Officer? Simply put, a Child Support\u2026","rel":"","context":"In &quot;Durst on Divorce&quot;","block_context":{"text":"Durst on Divorce","link":"https:\/\/thedurstfirm.com\/?cat=27"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":976,"url":"https:\/\/thedurstfirm.com\/?p=976","url_meta":{"origin":2594,"position":2},"title":"Were your custodial rights impacted by false claims of sexual abuse? Noted Psychologist has license revoked.","author":"Sandy Durst","date":"December 6, 2012","format":false,"excerpt":"In the most recent\u00a0 turn of events\u00a0in a saga that \u00a0is tragic on many levels, psychologist Marsha Kleinman has had her license revoked after it was determined that she she coaxed at least one child into making false allegations of sexual abuse against her father and purposely misleading the court.\u00a0\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1128,"url":"https:\/\/thedurstfirm.com\/?p=1128","url_meta":{"origin":2594,"position":3},"title":"Actual income &#038; potential income relevant to support analysis","author":"Sandy Durst","date":"July 11, 2013","format":false,"excerpt":"In a recently decided case, the appellate court affirmed the long held principle that when it comes to analyzing\u00a0a parties income for determining support obligations, the actual income must be considered as well as the earning potential or earning capacity of the individual.\u00a0 Regardless of what side of this argument\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1131,"url":"https:\/\/thedurstfirm.com\/?p=1131","url_meta":{"origin":2594,"position":4},"title":"NJ Supreme Court gives both parents an equal voice in deciding last name of the child","author":"Sandy Durst","date":"August 13, 2013","format":false,"excerpt":"In a recent NJ Supreme Court decision, the rights of the non-custodial parent were placed on equal footing with those of the parent of primary custody when it comes to establishing the surname of the child.\u00a0 This is an important development in the law for the non-custodial parent. \u00a0 Parents\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1097,"url":"https:\/\/thedurstfirm.com\/?p=1097","url_meta":{"origin":2594,"position":5},"title":"Changing the last name of the child","author":"Sandy Durst","date":"June 2, 2013","format":false,"excerpt":"It is common in divorce proceedings for the former wife to change her surname.\u00a0 The law allows her to adopt any surname, not just her maiden name, as long as it is not being done for fraudulent purposes or to avoid creditors or criminal prosecution.\u00a0 Recently, there has been an\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/2594","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2594"}],"version-history":[{"count":1,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/2594\/revisions"}],"predecessor-version":[{"id":2595,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/2594\/revisions\/2595"}],"wp:attachment":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2594"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2594"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2594"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}