Legal Question in Civil Rights Law in Missouri

My son is transgender. His birth name is Natalie and we have filed a petition for a name change with the help of an attorney. I was told that we had a date set for court by our attorney. We have now been told by him that we do not have a court date because the judge assigned to the case will not hear it because he doesn't agree with my son being transgender or that I have some how raised my child improperly to influence this. I'm a fantastic mother...I can't help that my son was born this way and has felt this way since he was a very small child. I have two children...one that's transgender and one that's disabled with cerebral palsy. People would be outraged if my youngest child with cerebral palsy was being discrimated against, yet having gender dysphoria is treated differently.? The attorney says he is going to try and get the case transfered or have the case reasigned to a different judge. Can this atually be done before going before the judge that's been assigned? This isn't the first time this attorney has lied to us. I feel like there are things going on with this that seem extremely fishy. I pay taxes here in my county and I want to know also if due process is not being followed in this situation.


Asked on 8/24/15, 7:07 am

1 Answer from Attorneys

Anthony Smith LawSmith

There are various reasons that a judge might transfer s case to another court. Often the clerk or computer will generate an initial hearing date,. Sometimes the Judge or the parties will have that hearing date changed. It seems rare these days for a case to be completed on the first date set. You didn't indicate how old Natalie is. If under 16, the Judge may appoint a guardian Ad Litem, and or Order a psychiatrist was assessment.

As it appears that noone has been accused of a crime, , it is unclear how due process concerns are implicated. If the other parent is not made aware of the Petition, their due process interests might be relevant. Given what you described, I am unaware of how your attorney lied. You said that a hearing date has been set, which was cancelled by the Judge. Both may be true

Good luck

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Answered on 8/26/15, 7:11 am


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