Can a 13-Year-Old Keep Therapy Secrets? | The Custody Battle Over Gender Identity

Can a child keep therapy sessions private from their parents?

In this episode of Split Decisions, two veteran family law attorneys go head-to-head over a high-stakes legal question: Can a minor keep therapy confidential from a parent, or does joint custody give both parents full access?

Both parents support their child’s identity—but they clash over privacy, parental rights, and the role of therapy in life-altering decisions. One parent demands access to therapy records, while the other argues that confidentiality is essential to the child’s mental health.

This episode tackles:
-Child therapy confidentiality laws
-Parental rights under joint custody
-When courts intervene in medical decisions
-The “best interest of the child” standard
-Legal limits around therapy vs surgery decisions

As the case escalates, the question becomes even bigger:

Where do we draw the line between parental control and a child’s autonomy?

What do YOU think? Should parents have full access, or should therapy stay private?