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Transgender Father to Present Case to 4th Court of Appeals in Child Custody Matter

By The Whitley Law Firm, P.C. - 2015-01-17

Summary

Case involves transgender father and his plight to have the right to see his two children.

"When the romantic relationship between Villarreal and Sandoval ended, Sandoval allegedly denied Villarreal any right to continue in his role as the children’s father"

Main Document

On Wednesday, The Whitley Law Firm, P.C. will present oral arguments to the Fourth Court of Appeals in San Antonio, on behalf of Dino Villarreal, arguing that this transgender father has the right to see his children.

The Fourth Court of Appeals will hear oral arguments on January 21, 2015, in a case involving a transgender father, Dino Villarreal, and his plight to have the right to see his two children.

According to his appellate brief, Villarreal alleges he raised his two sons, along with their mother, Sandra Sandoval, from the time they were infants, until the children were 11 and 9 years old, respectively. When the romantic relationship between Villarreal and Sandoval ended, Sandoval allegedly denied Villarreal any right to continue in his role as the children’s father.

Villarreal alleges he has now not seen his children since December 24, 2013.

Villarreal is transgender. This fact was allegedly known to Sandoval when she allowed the father-son bond to form over the lifetime of each child, according to the brief filed by Villarreal.

On December 9, 2013, Villarreal filed a Petition in Suit to Adjudicate Parentage, in Cause No. 2013-CI-20008, seeking a ruling from the trial court that would name him the father of his two children and allow him to see his sons on a regular basis.

On January 6, 2014, Sandoval filed a Plea to the Jurisdiction, and a hearing was held, seeking dismissal of Villarreal’s suit on the basis that Villarreal did not have standing to be named the father of the children, as he was not biologically male. Sandoval’s Plea to the Jurisdiction was granted.

On February 14, 2014, Villarreal filed his Notice of Appeal. Appellate Briefs were submitted to the Fourth Court of Appeals, in Cause No. 04-14-00108-CV, by both Villarreal and Sandoval. The appellate court granted oral argument, and both parties are scheduled to present their case to the Honorable Court on January 21, 2015.

The Whitley Law Firm, P.C., is comprised of attorneys Deanna L. Whitley and Shellie R. Reyes. Their practice area focuses on family law, including an emphasis on same-sex legal issues, and other issues faced by the LGBT community in the greater San Antonio area.

For more information about The Whitley Law Firm, P.C., or for continuous updates regarding the case, visit http://www.whitleylawfirmpc.com. Photos available upon request.

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