What Happens When Divorced Parents Disagree on Vaccinating Their Child?

With young kids becoming eligible for the COVID-19 vaccine, the uptake of the vaccine is one of the most contentious issues affecting divorced parents. While cases of vaccine disputes have been affecting health, employment, and insurance laws, it is now common to find family courts handling multiple cases related to the vaccination status of children.

The judge may grant physical or legal custody when finalizing a divorce case. Physical custody involves visitation rights, while legal custody deals with decision-making on medical care, education, and religion. Here is what could happen if you have legal custody and disagree with your ex regarding vaccinating your child.

When a Co-parent Avoids Vaccination

It is okay for adults to prefer not to get vaccinated. However, this may affect your custody case if the other parent raises the issues before a family court. The court may limit your access to the child unless you or your ex-spouse decides to modify the behavior.

For instance, a judge in Manhattan recently suspended the rights of a father to visit his three-year-old daughter for eschewing the COVID-19 vaccination. According to the judge, he would get his visitation rights reinstated once he agreed to get vaccinated.

When the two parents are split on whether to vaccinate their children, the final decision may depend on the terms of the parenting plan. The plan stipulates who should make significant decisions concerning the child's welfare.

If you have shared legal custody, it is imperative to try working things out by seeking the help of your kids' pediatrician or reviewing fact sheets from Centers for Disease Control and prevention. If you cannot reach a compromise, you might need to contact a Manhattan divorce attorney for mediation or settle the matter in court.

How a Divorce Attorney Can Help Solve the Dispute

Whether you have joint legal custody or physical custody, you have a right to be involved in your child's life. While some federal regulations govern jurisdictional issues related to child vaccination, no family law precedents address vaccination disputes during a global pandemic.

When a custody order is in effect, it stipulates which parent should decide about the child's vaccination and medical treatment. Both parents should follow the custody order, but when modifications are needed for the child's interest, you might need to settle the matter in court with the help of an attorney. A divorce attorney will offer the legal representation and support you need if you decide to file for a custody review.

Schedule an Appointment with Divorce Attorneys at WertheimerLipton

It is normal for disputes to arise after a divorce. Disputes relating to a child's medical treatment and vaccination should be handled carefully. At WertheimerLipton, we have the expertise to help you solve such disputes, serving your interests and that of your child. Contact us today to discover more about how we can help you solve your child’s vaccination dispute.