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Kantaras v. Kantaras: Transsexual custody battle
(Court TV) — Michael and Linda Kantaras both want custody of their children. But this isn't an ordinary divorce case. Michael Kantaras was born as Margo, and his wife Linda says that since her husband was born a woman, their marriage is void — leaving Michael with no rights to her two children.
The case is unprecedented in Florida, where it goes to trial in Clearwater before Judge Gerard O'Brien.
Besides determining the particulars of the Kantaras' divorce, the case raises larger issues. O'Brien will ultimately have to decide more complex issues such as whether Florida law recognizes the new sex of a transgendered person, what constitutes gender and how marriage is defined.
"It borders on medical science, psychology, psychiatry — all of which may be material to a decision," O'Brien said according to the St. Petersburg Times.
The Kantaras Marriage
Linda Gail Forsythe met Michael John Kantaras in 1988 while they worked together in Albertson's supermarket near Melbourne, Fla.
"He has a wonderful charisma and aura," Linda Kantaras, 33, told the Times. "He can stand in a room and 50 women will come up to him."
Their courtship led to marriage less than a year later. On July 18, 1989, the couple was married in a civil ceremony in Lake Mary, Fla. Both agree that Linda was aware that Michael was born a female when the two were married.
At the time of the marriage, Linda had a one-month-old son, Matthew, from a previous relationship. Wanting to raise the boy as his own, Michael Kantaras, with Linda's support and assistance, legally adopted the child that September.
For the next nine years, the Kantaras family lived mostly in New Port Richey, Fla. Michael worked as a bakery manager, while Linda became a substitute teacher.
When the couple wanted to have a child of their own, they turned to Michael's brother Thomas for a sperm donation. On January 23, 1992, Linda gave birth to Irina Kantaras.
From all accounts, the family seemed happy.
But in 1998, their seemingly perfect marriage began to fall apart. Michael Kantaras allegedly met another woman. At first, he wanted to stay married to Linda as her best friend, but soon he filed for divorce in Pasco County and sought custody of the two children.
Linda Kantaras countersued, claiming in court that their marriage was not legal.
"Trying to take my kids from me? That's ludicrous," she said, according to the Times report.
Both sides are now fighting over the same things that divide most other divorcing spouses — child custody, alimony and property settlements. But this divorce case has a decidedly unusual twist.
Michael's Past
Margo Kantaras was born on March 26, 1959, in Youngstown, Ohio, to an American mother and a Greek-born father.
As early as the age of four, Margo began feeling that she should have been born a boy.
In March 1986, Margo was granted a legal name change by a Texas court. Officially known as Michael John Kantaras, she sought a sex-change operation. A gender treatment program in Galveston, Texas, approved Michael for the surgery in February 1987.
The surgery — removal of the fallopian tubes, ovaries and uterus — was completed in April 1988.
According to a letter from doctors at the clinic where the surgery was performed, Michael Kantaras was "now regarded medically, legally, and socially as a male."
Michael Kantaras' Case
Collin Vause, the attorney for Michael Kantaras, essentially argues in his court filings that Kantaras should be treated as any other male would be in similar circumstances.
Despite the fact that he was born a woman, argues Vause, Michael Kantaras is a man, husband, and father — with all of the rights normally associated with that status.
According to Michael Kantaras, he and Linda have always considered themselves a legally married couple. In addition, Kantaras claims that Linda has always told the children that Michael is their father. Neither side disputes that he's the only father either child has ever known.
For the entire length of their marriage, according to Michael Kantaras, Linda regarded Michael as her husband, referring to him as such to friends, co-workers, and family members. The couple filed yearly joint tax returns, which Linda Kantaras apparently signed.
Even as the relationship crumbled, claims Michael, Linda asserted in court papers that she was indeed married to him, and that he was the father of her children.
According to his court filings, it was not until Michael attempted to move out of Florida with the children that Linda Kantaras moved asserted the position that she and Michael were never legally married.
That position, according to Michael Kantaras, is bunk. He says he's legally a male, and therefore, legally married to Linda.
As for his children, Michael Kantaras insists that he is their primary source of food, shelter, and clothing. He claims that his adoption of Matthew was legal and valid, as was the sperm donor arrangement through which their daughter Irina was conceived.
Terminating his rights as the children's father, says Kantaras, would constitute a substantial threat of demonstrable harm to the children's welfare.
Linda Kantaras' Case
According to Linda Kantaras, her husband has no legal leg to stand on, simply because Michael Kantaras was never really her husband. Linda asserts that, despite his surgery, Michael was never legally declared a man. According to court documents, Linda charges that Michael only completed two phases of a three-step process to becoming a man. And since same-sex marriage is not recognized by the state of Florida, the couple has never truly been married.
Because she insists that Michael Kantaras is legally a woman, Linda Kantaras argues that he obtained the couple's marriage license under false pretenses.
She likewise charges that Michael's misrepresentation of himself as a male similarly negates his adoption of her son, Matthew, or his claims to be the legal father of Irina.
Interestingly, Linda Kantaras is apparently asking the court to order Michael Kantaras to pay her alimony while simultaneously claiming the two were never married. Likewise, in spite of her claims that Michael Kantaras is not and never was the legal father of her children, she is asking the court to order that he provide for those children financially.
The trial, which is scheduled to begin on January 22, will air live on Court TV.
http://www.courttv.com/trials/kantaras/background.html
(Court TV) — Michael and Linda Kantaras both want custody of their children. But this isn't an ordinary divorce case. Michael Kantaras was born as Margo, and his wife Linda says that since her husband was born a woman, their marriage is void — leaving Michael with no rights to her two children.
The case is unprecedented in Florida, where it goes to trial in Clearwater before Judge Gerard O'Brien.
Besides determining the particulars of the Kantaras' divorce, the case raises larger issues. O'Brien will ultimately have to decide more complex issues such as whether Florida law recognizes the new sex of a transgendered person, what constitutes gender and how marriage is defined.
"It borders on medical science, psychology, psychiatry — all of which may be material to a decision," O'Brien said according to the St. Petersburg Times.
The Kantaras Marriage
Linda Gail Forsythe met Michael John Kantaras in 1988 while they worked together in Albertson's supermarket near Melbourne, Fla.
"He has a wonderful charisma and aura," Linda Kantaras, 33, told the Times. "He can stand in a room and 50 women will come up to him."
Their courtship led to marriage less than a year later. On July 18, 1989, the couple was married in a civil ceremony in Lake Mary, Fla. Both agree that Linda was aware that Michael was born a female when the two were married.
At the time of the marriage, Linda had a one-month-old son, Matthew, from a previous relationship. Wanting to raise the boy as his own, Michael Kantaras, with Linda's support and assistance, legally adopted the child that September.
For the next nine years, the Kantaras family lived mostly in New Port Richey, Fla. Michael worked as a bakery manager, while Linda became a substitute teacher.
When the couple wanted to have a child of their own, they turned to Michael's brother Thomas for a sperm donation. On January 23, 1992, Linda gave birth to Irina Kantaras.
From all accounts, the family seemed happy.
But in 1998, their seemingly perfect marriage began to fall apart. Michael Kantaras allegedly met another woman. At first, he wanted to stay married to Linda as her best friend, but soon he filed for divorce in Pasco County and sought custody of the two children.
Linda Kantaras countersued, claiming in court that their marriage was not legal.
"Trying to take my kids from me? That's ludicrous," she said, according to the Times report.
Both sides are now fighting over the same things that divide most other divorcing spouses — child custody, alimony and property settlements. But this divorce case has a decidedly unusual twist.
Michael's Past
Margo Kantaras was born on March 26, 1959, in Youngstown, Ohio, to an American mother and a Greek-born father.
As early as the age of four, Margo began feeling that she should have been born a boy.
In March 1986, Margo was granted a legal name change by a Texas court. Officially known as Michael John Kantaras, she sought a sex-change operation. A gender treatment program in Galveston, Texas, approved Michael for the surgery in February 1987.
The surgery — removal of the fallopian tubes, ovaries and uterus — was completed in April 1988.
According to a letter from doctors at the clinic where the surgery was performed, Michael Kantaras was "now regarded medically, legally, and socially as a male."
Michael Kantaras' Case
Collin Vause, the attorney for Michael Kantaras, essentially argues in his court filings that Kantaras should be treated as any other male would be in similar circumstances.
Despite the fact that he was born a woman, argues Vause, Michael Kantaras is a man, husband, and father — with all of the rights normally associated with that status.
According to Michael Kantaras, he and Linda have always considered themselves a legally married couple. In addition, Kantaras claims that Linda has always told the children that Michael is their father. Neither side disputes that he's the only father either child has ever known.
For the entire length of their marriage, according to Michael Kantaras, Linda regarded Michael as her husband, referring to him as such to friends, co-workers, and family members. The couple filed yearly joint tax returns, which Linda Kantaras apparently signed.
Even as the relationship crumbled, claims Michael, Linda asserted in court papers that she was indeed married to him, and that he was the father of her children.
According to his court filings, it was not until Michael attempted to move out of Florida with the children that Linda Kantaras moved asserted the position that she and Michael were never legally married.
That position, according to Michael Kantaras, is bunk. He says he's legally a male, and therefore, legally married to Linda.
As for his children, Michael Kantaras insists that he is their primary source of food, shelter, and clothing. He claims that his adoption of Matthew was legal and valid, as was the sperm donor arrangement through which their daughter Irina was conceived.
Terminating his rights as the children's father, says Kantaras, would constitute a substantial threat of demonstrable harm to the children's welfare.
Linda Kantaras' Case
According to Linda Kantaras, her husband has no legal leg to stand on, simply because Michael Kantaras was never really her husband. Linda asserts that, despite his surgery, Michael was never legally declared a man. According to court documents, Linda charges that Michael only completed two phases of a three-step process to becoming a man. And since same-sex marriage is not recognized by the state of Florida, the couple has never truly been married.
Because she insists that Michael Kantaras is legally a woman, Linda Kantaras argues that he obtained the couple's marriage license under false pretenses.
She likewise charges that Michael's misrepresentation of himself as a male similarly negates his adoption of her son, Matthew, or his claims to be the legal father of Irina.
Interestingly, Linda Kantaras is apparently asking the court to order Michael Kantaras to pay her alimony while simultaneously claiming the two were never married. Likewise, in spite of her claims that Michael Kantaras is not and never was the legal father of her children, she is asking the court to order that he provide for those children financially.
The trial, which is scheduled to begin on January 22, will air live on Court TV.
http://www.courttv.com/trials/kantaras/background.html