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For Transgender Children, Judges Can Now Require Parents to Provide Therapy in Arizona

The unanimous ruling partially overturns an April 2018 Appeals Court decision that highlighted the challenges of mediating battles between parents who differ on how to handle kids exploring their gender identities.

By Maria Polletta

Arizona judges can require parents to provide counseling, therapy and other expert help to children who may be transgender, even if one parent doesn't support treatment, the state's highest court ruled Thursday.

But the courts can only intervene when a child would be "at risk for physical danger or significantly impaired emotionally" without access to those services — a higher standard than the "best interest" test often used in family-court cases.

The unanimous ruling partially overturns an April 2018 Appeals Court decision that highlighted the challenges of mediating battles between parents who differ on how to handle kids exploring their gender identities.

As of last year, clashes over how to support those children had revived custody fights in nearly 10 other states.

“This is an important decision that will provide family courts with more guidance about when to issue orders limiting (the authority of a parent who has legal custody) and about the need to tailor such orders carefully," said attorney Taylor Young, who argued the case before the Supreme Court.

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