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Transsexual again argues for custody

Michael Kantaras' lawyers argue that although his marriage is dissolved, he still has obligations to the children.

By CHRIS TISCH
Published January 22, 2005

CLEARWATER - Three years ago, the case of a Tampa Bay area transsexual who sought custody of two children gained national attention and set legal precedent.

On Friday, he was back in court, again making a case that is a first of its kind in Florida and, perhaps, the nation.

In 2001, a Pinellas judge granted custody of the children to Michael Kantaras, a transsexual who had once been married to a woman. A key part of the decision: The judge ruled Kantaras, who was named Margo at birth, was a man.

But last year an appeals court ruled Kantaras, who retains female genitalia but has facial hair and other male characteristics, was a woman.

Because same-sex marriages are illegal in Florida, the ruling voided his former marriage. The appeals court made no ruling on the child custody issue, however, and kicked that back to the judge.

In court Friday, lawyers for Kantaras' ex-wife, Linda, said she should receive sole custody of the children. They told Senior Judge Gerard O'Brien Jr. that because the marriage was voided, Michael Kantaras has no right to have any custodial rights.

"A non-parent cannot interfere with the rights of a parent," said Mathew Staver, who represents Linda Kantaras and is president of the Liberty Counsel, a religious rights group based in Orlando.

Michael Kantaras, 45, has no direct biological ties to the children, who are 15 and 12. He adopted the oldest, who his ex-wife had through a previous relationship. The youngest was conceived through artificial insemination with donor sperm from Michael Kantaras' brother.

Michael Kantaras' attorneys argued that courts have previously ruled that men whose marriages are voided still have obligations to their children, even if they are adopted. Those cases involve men who committed incest or bigamy.

The case of a transsexual, however, is a first of its kind and will set legal precedent.

"I believe the same rule should apply here," said Shannon Minter, a National Center for Lesbian Rights attorney who is representing Michael Kantaras.

After nearly six hours of arguments from the attorneys, O'Brien adjourned the hearing and said he will make a decision as soon as possible. He took just over a year to make his decision after the three-week trial in 2001. He issued an 800-page decision in that case, but promised to be succinct this time. "This case has ramifications around the entire United States if not beyond our borders," O'Brien said.

Michael Kantaras' lawyers also have asked the Florida Supreme Court to review the appeals court decision, but have not heard if the state's high court will take the case.

Kantaras underwent sex-reassignment surgery in 1987. He married his wife Linda in 1989. She knew he was a transsexual at the time. He filed for divorce in 1998. They both live in Holiday, where Michael runs a lawn service and pressure-washing business and Linda is an assistant site manager for an elementary school.

Both sides claim the other parent is unfit. O'Brien had noted Linda's anger problems when he gave custody to Michael. Linda Kantaras was given visitation rights.

But the appeals court ruled that gender is established at birth and a change in that gender cannot be legally recognized.

Because transsexuals appear to be the opposite of their birth sex, courts may be granting transsexual marriages and not even know it. Michael Kantaras, for instance, married again in May 2003.

Linda Kantaras, 35, said that if O'Brien rules in her favor, she won't allow Michael Kantaras to have any contact with the children. "It's very hard. The children are very confused," Linda Kantaras said. "The children need to be with me."

Michael Kantaras said the children are thriving with him. "I'm their dad," he said. "And I've been their dad forever."

[Last modified January 22, 2005, 00:37:20]