Kantaras v. Kantaras

884 So.2d 155 (2nd Dist. 2004)

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Nature of the Case

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Facts

In 1959 Margo Kantaras (H) was born a female in Ohio. In 1986 Margo changed her name to Michael John Kantaras (H), and in 1987 H underwent sex reassignment, which included hormonal treatments, a total hysterectomy, and a double mastectomy. In 1988 H met W, and W learned of H's surgeries. W, who was pregnant by a former boyfriend, gave birth to a son in June 1989. H and W applied for a marriage license with H representing that he was male. They married, and H applied to adopt W's son, with H representing to the court that he was W's husband. W gave birth to a daughter in 1992 after W underwent artificial insemination with the sperm of H's brother. In 1998 H filed a petition for dissolution of marriage seeking to dissolve his marriage to W and to obtain custody of both children. W counter-petitioned for dissolution and/or annulment claiming that the marriage was void ab initio because it violated Florida law that bans same-sex marriage. W claimed that the adoption of her son was void because it violated Florida's ban on homosexual adoption, and she claimed that H was not the biological or legal father of her daughter. The court found that H was legally a male at the time of the marriage, and thus, the trial court concluded that the marriage was valid. The trial court also concluded that H was entitled to primary residential custody of the two children. No chromosomal tests were performed on H. W appealed.