The issue of transgender parent custody rights in Missouri is a complex one. It is important to understand the legal landscape and the potential risks associated with relying solely on the presumption of parental rights. In this blog post, we will discuss the current state of transgender parent custody rights in Missouri and provide resources for those seeking more information.

Non-Traditional Marriage and Divorce

In Missouri, same-sex married couples may be able to rely on the parental presumption when it comes to custody rights. However, there are legal risks associated with relying solely on this presumption. For example, if a court finds that a non-biological parent has not established a “parent-child” relationship with the child, then they may not be granted custody or visitation rights.

In addition, Missouri courts have ruled that a non-biological parent who has raised a child from birth can seek custody or visitation rights. This ruling provides some protection for non-biological parents who have been raising their children since birth but does not guarantee them any specific rights.

Challenges for Transgender Parents

It is also important to note that transgender parents face additional challenges when it comes to custody disputes. The case law concerning the relevance of a parent's gender transition or transgender status in custody proceedings is limited and varies from state to state. As such, it is important for transgender parents to seek legal advice before entering into any kind of dispute over custody or visitation rights.

Parental Rights

Finally, it is important to remember that all parents have certain fundamental rights when it comes to their children and should never feel like they are being denied these basic protections due to their gender identity or sexual orientation. If you believe your parental rights are being violated, then you should contact an experienced attorney who can help protect your interests and ensure that your child's best interests are taken into account during any legal proceedings.


Overall, understanding the current state of transgender parent custody rights in Missouri is essential for anyone facing such issues in this state. It is important to remember that while there are some protections available for non-biological parents and those who identify as transgender, these protections vary from state to state and may not always be enough to guarantee full parental recognition or custodial rights. Therefore, if you find yourself facing such an issue in Missouri, it is highly recommended that you consult with an experienced attorney who can advise you on how best to proceed with your case and protect your interests as well as those of your child.

Contact Smith Law Offices, LLC today.

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