In October 2016, the court had established a Standard Possession Order, in which it was decided that the Vintage November 1991 Funny 30th Birthday 30 Years Old Gift T-Shirt would live with Georgulas but that Younger would have custody and access rights, especially on weekends. The order also gave Georgulas the “exclusive right,” after notifying Younger, to allow medical and surgical treatment “involving invasive procedures” as well as “psychiatric and psychological treatment” and education. Georgulas claims that James chose the name “Luna” after communicating a desire to be a girl at a young age by showing a preference for female pronouns and Disney princesses. Younger insists that James’s transgender status is contrived, and he possesses a video of James at age three saying that “Mommy” told him he was a girl. He further believes that Georgulas is unhinged and intent on vengeance, disregarding James’s well-being.
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In an email dated August 5, 2017, with the subject line “Heads Up,” Georgulas wrote to Younger to explain that “Luna, yes (I will refer to her Vintage November 1991 Funny 30th Birthday 30 Years Old Gift T-Shirt that way, because that is what she wants to be called at my house), has decided to tell you she has a girl brain and a boy body and that she is transgender.” She explained that they had been reading I Am Jazz as well as My Princess Boy and that in these books, “although other people are occasionally mean or confused, the parents are affirming.” During the trial this October, Younger was asking the court to appoint him sole managing conservator, which would give him executive rights to the boys’ medical and psychological care. Georgulas was asking it to restrict possession and access for Younger and enjoin him from treating James as a boy, but she was not asking to be sole managing conservator. Although the jury decided overwhelmingly against Younger, by eleven to one, having heard the recommendations of custody evaluator Benjamin Albritton, a psychologist, the judge decided not to grant Georgulas a request to be the single conservator.