Denver, CO asked in Adoption, Child Custody and Family Law for Colorado

Q: Can my 15 year old transgender sibling choose to live with me without me having to fight my dad for custody?

My dad is extremely LDS and does not give my autistic sibling freedom to explore their gender or sexuality. I'm worried about how this affects their mental health. I live in Colorado and he lives with my siblings in Idaho. My sibling has expressed before that they want to live with me. Do I have to fight my dad for custody of my sibling or do they have a right to move in with me as they are able to express this to the court?

1 Lawyer Answer
Michael Joseph Larranaga
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  • Divorce Lawyer
  • Parker, CO
  • Licensed in Colorado

A: While I do not know the laws in ID, I would think that if your sister is a minor and has not otherwise been legally emancipated, then your father remains her legal guardian and can make decisions on her behalf including where she lives.

That being said, if there is clear physical or mental abuse, then you may have a case for custody. But remember, religious differences will not always constitute abuse.

You should probably check with a local ID attorney. Each state handles family law differently.

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