Smith v. Smith

2007 WL 901599 (2007)

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Smith v. Smith

Ohio Court of Appeals
2007 WL 901599 (2007)

Facts

Kevin Smith (defendant) and Victoria Smith (plaintiff) divorced. The court gave Victoria sole residential custody of the couple’s two children. The older child, a boy, later expressed an intent to live as a girl, including the use of a girl’s name (Christine) and the wearing of girls’ clothes, which Victoria supported and encouraged. Victoria also allowed the child to participate in transgender support groups. Victoria told Kevin that the child had gender-identity disorder, which Kevin refused to accept. Kevin sought modification of the custody order. The court found that the child still exhibited characteristics mostly associated with male children, including having a friend group of other boys, being attracted to girls, and shooting BB guns, among other activities. The court modified the order, giving Kevin custody from Tuesday to Sunday and allowing Victoria to retain custody from Sunday to Tuesday. The order further stipulated that the child was not to be allowed to use a girl’s name, wear girls’ clothes, or participate in transgender support groups. Later, the court concluded that Victoria was unlikely to comply with these provisions, and it granted sole residential custody to Kevin. Victoria appealed.

Rule of Law

Issue

Holding and Reasoning (Waite, J.)

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