A Cook County judge Tuesday denied custody of a boy to a transgender male, ruling that same-sex marriages are illegal in Illinois and so the “father” had no legal standing to seek custody.
In a 13-page opinion allowing the father continued visitation, Judge Gerald Bender found that the 10-year-old boy has established a bond with his father, who was born a female and is living as a man.
In denying the father custody, Bender cited case law that says a child’s best interest should be the controlling factor in determining visitation rights.
Cook County Public Guardian Patrick Murphy, who represented the child, said the boy, who has been living with his mother, wants to live with his father. Murphy said he would appeal Bender’s decision.
The father’s lawyer, Susan Goreczny, left the courthouse without speaking to reporters. The father was not present.
The mother did not talk to reporters, but her attorney, Burton Hochberg, later said, by phone, that he was “gratified” by the ruling.
