Victoria Smith enrolled her ten-year-old son in a new school as a girl under the name of Christine and told the boy’s father that she intended to subject the boy to hormonal therapy and surgery to alter his sex. The son was also attracted to stereotypical female clothing and the mother “treated him as a girl and encouraged him to act like a girl.” The trial court transferred custody of the two children to the father. On appeal, the court found that, since most of the facts regarding gender identity issues arose after the initial dissolution decree between Victoria and her ex-husband, the trial court properly concluded that there was a change of circumstances allowing reconsideration of the prior custody order. The trial court did not improperly interfere with the mother’s right to make medical decisions for her child. Further, the trial court considered how the change in custody would affect the younger child, and the trial court could have found that, since both boys seemed to get along well with each other and spent a considerable amount of time together, it was in the best interests of the children for the father to become the residential parent of both boys.

Smith v. Smith