With COVID-19 vaccine eligibility for children approaching fast, many parents may be concerned about whether their children should or should not get vaccinated. These questions get even more complicated for parents who are co-parenting with a former spouse or partner.
Getting a vaccine, like all medical decisions, is a legal custody decision. Generally, co-parents will have shared legal custody. This means they each parent has an equal voice in the decision-making process. So, what happens when one parent wants to vaccinate their child and one does not?
The short answer is you end up in court. When parents disagree on vaccinations or other medical procedures, a Custody Master or Judge will hold the tie-breaking vote. Medical decisions in this context are often tough and emotional as everyone wants best for their children. Both parents should do their homework and research. It is important that you understand all of the pros and cons of any medical procedure including a COVID-19 vaccine. Talk to your child’s doctors and do you own research so you are prepared to have an intelligent discussion. The COVID-19 vaccination decision may even be taking out of the hands of some parents as many schools and colleges are considering requiring a COVID-19 vaccine for admission in the fall.
If you have any questions or concerns about the legal questions surrounding vaccinating your child against COVID-19, or other custody related issues, please do not hesitate to contact a member of our family law team.
