Court: No Rule That "a Transgender Parent Should Not Be Awarded Tiebreaking Authority over a Cisgender Parent on Matters of Gender Identity and Expression"
A Maryland appellate court upheld a custody decision granting a transgender parent tiebreaking authority over a cisgender parent on all legal custody matters, including those related to gender identity and expression. The court emphasized that the best interest of the child is paramount and found no basis to separate gender identity decisions from the overall custody arrangement. It rejected the argument that a transgender parent should inherently be disqualified from such authority, noting the lack of evidence challenging the parent's fitness or the custody structure generally.
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Parental Rights Court: No Rule That "a Transgender Parent Should Not Be Awarded Tiebreaking Authority over a Cisgender Parent on Matters of Gender Identity and Expression" Eugene Volokh | 4.30.2026 1:46 PM An excerpt from Turner v. Abelle-Kiser, decided Tuesday by the Maryland Appellate Court, (Judge Douglas Nazarian, joined by Chief Judge Gregory Wells and Judge Glenn Harrell): This appeal arises from a custody dispute between appellant AshLee Smith Turner ("AST") and appellee Blair Abelle-Kiser ("BAK") over custody of their minor child, Z…. [AST] challenges the court's legal custody decision, and especially the decision to grant tiebreaking authority to BAK …. The parties are parents to Z, a minor child.
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