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Kantaras v. Kantaras

District Court of Appeal of Florida
884 So.2d 155 (2004)


Facts

At the age of 27, Margo Kantaras (plaintiff) legally changed her name to Michael and underwent sex reassignment, including hormonal treatments, a total hysterectomy, a double mastectomy, and other procedures. Subsequently, Michael met Linda (defendant), who was pregnant by a former boyfriend. Linda was aware of Michael’s sex reassignment, and the couple decided to get married. On the marriage license application, Michael represented that he was male. Once the pair was married, Michael applied to adopt Linda’s child by her former boyfriend, representing to the court that he was Linda’s husband. Afterward, Linda gave birth to another child through artificial insemination. Later, Michael filed a petition for divorce from Linda and sought custody of the two children. Linda answered the complaint and counter-petitioned for dissolution of the marriage, alleging that the marriage was void ab initio, because the marriage violated Florida law. Additionally, Linda claimed that Michael’s adoption of her child violated Florida’s ban on homosexual adoption. After a trial, the court found that Michael was legally a male and that the marriage was valid. The trial court granted the divorce and awarded primary residential custody of the two children to Michael. Linda appealed.

Rule of Law

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Issue

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Holding and Reasoning (Fulmer, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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