What to do When Divorced Parents Disagree Over the COVID-19 Vaccine

Parenting during divorce comes with added complications, especially when dealing with issues that both parties cannot agree on. COVID-19 has created added stressors for parents who disagree over their children getting the COVID-19 vaccine.

If you are struggling to get on the same page with your ex-partner on giving your child the vaccine, our family law attorneys at Moskowitz Law Group can provide legal guidance. We can help you understand your legal options for joint parenting decisions and work with you to pursue a solution that works for your family.

Look Back at Your Custody Agreement

It is easy to get caught up in your personal feelings when dealing with a disagreement with your ex-partner over what is best for your kids. However, it is essential to first look back at how your custody agreement has been set up to better assess your options. There are two main custody options in a family law case, and the type of custody agreement you have can play a major role in your say in your child’s medical decisions.

Sole Legal Custody

If you have sole legal custody under the agreement, you have the exclusive right to decide if your child receives the vaccine, despite any objection from the other parent.

Joint Legal Custody

In joint legal custody cases, both parents generally must try to come to an agreement on the vaccine. If parents with joint legal custody are unable to agree, the issue might need to be taken to Court.

However, in rarer cases, there are joint legal custody agreements in which one parent has exclusive authority over medical decisions. If one parent was given that authority, they are the sole decision-maker on medical issue, and their decision would control whether their child would get the vaccine.

Involving the Court in a COVID-19 Vaccine Dispute

In a case where parents cannot come to an agreement to resolve a vaccination dispute, the court may get involved. A family law attorney can assist in helping you file the correct documents and represent the best interests of you and your child in court.

During the court hearing, the judge may ask why one parent is resistant to allowing their child to get the COVID-19 vaccine. The judge might also ask for reasoning (such as religious or medical) and evidence to back up why that parent feels their child should not be vaccinated. Typical evidence includes medical documentation to validate why the child should not receive a vaccination. After weighting all the evidence, the judge will make a decision and potentially modify the custody agreement if they see fit.

Learn More About How a Skilled Divorce Attorney Can Help You During a Vaccination Dispute

Child custody disputes can be mentally and emotionally taxing on you, especially during the COVID-19 pandemic. If you are having a hard time seeing eye-to-eye with your ex-spouse on getting your child vaccinated for COVID-19, a dedicated attorney at Moskowitz Law Group can help. Schedule a free consultation today to learn more.