national
Shared custody OK’d in ex-wife’s challenge of transsexual husband
Dispute gained national exposure on ‘Dr. Phil’ television show
Published Thursday, 16-Jun-2005 in issue 912
MIAMI (AP) – A Florida judge approved a shared-custody settlement reached in mediation by a transsexual man and his ex-wife over their two children, ending a bitter dispute that wound up on national television.
“I just think there is a great message of hope that comes out of this,” said Karen Doering, attorney for the husband, Michael Kantaras.
Kantaras, born Margo Kantaras, underwent a sex change operation in 1987. He married Linda Forsythe in 1989, and they settled in the St. Petersburg area.
They had two children, a boy from a prior relationship of Linda Kantaras adopted by Michael Kantaras, and a daughter she bore in 1992 following artificial insemination with sperm donated by her husband’s brother.
The couple divorced in 2002 and he was awarded custody of the children. She appealed, even though both lawyers said the judge deemed the husband to be the more-fit parent.
A Florida appeals court in Lakeland said there was no legal marriage for a court to dissolve, and remanded the custody challenge to a lower court for further proceedings. A long custody battle loomed.
Linda’s sister then wrote a letter to the producers of the “Dr. Phil” talk show, Doering said.
“It was one of those situations where there was no downside risk,” said Doering, who practices law for the National Center for Lesbian Rights. “So we gave it a shot.”
After appearing on the show, the couple agreed to try mediation.
After two meetings, Michael and Linda agreed on May 25 to share custody of the children, Doering said. The children are now 13 and 15 years old.
Linda will make the decisions concerning their education. Michael decides on extracurricular activities.
Retired Circuit Court Judge Gerard O’Brien in St. Petersburg approved the settlement, which also voided the marriage as if it never happened. It also returns Linda Kantaras’ maiden name, Forsythe, said her attorney Mathew Staver of the Orlando-based conservative legal group Liberty Counsel.
“We’re very pleased that it is resolved, Staver said. “This does it in a very quick way, more so than litigation.”
He said that if this case can be resolved, others can, too.
“This case is enormously monumental and yet we were able to put the children first,” Staver said. “Their lives are on a road to stabilization … If it can happen here, it can happen in any case.”
The “Dr. Phil” show did not have a comment on the case.
The mediation company, the Fort Lauderdale-based Mediation Inc., would not immediately comment.
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