Obermayer Rebmann Maxwell & Hippel
United States:
Vaccinations And Custody: What Happens When Divorced, Separated Or Unmarried Parents Can’t Agree?
15 November 2021
Obermayer Rebmann Maxwell & Hippel
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Parents are facing an important health decision for their
children. COVID-19 vaccinations have now been approved for children
ages 5 and up, which has led to custody
disputes emerging between parents as to whether or not a child
should be vaccinated. How should parents navigate this
issue?
As outlined in our
previous coverage and Hillary Moonay’s interview for the Washington Post, in Pennsylvania, most
parents share joint legal custody of their children. In such cases,
both parents would have to agree regarding any legal custody
decisions for their children such as those related to medical,
educational, or religious concerns. This includes vaccinations -and
the COVID-19 vaccine.
If one parent has sole legal
custody of the children, that parent can make the
vaccination decision for the kids on his or her own.
Otherwise, the parents have to figure out a way to come to a
consensus. If they cannot, and one parent feels strongly about the
children receiving the vaccine, that parent can petition the court
to modify legal custody. The court would then decide whether one
parent will have the authority to make certain decisions regarding
the children without the consent of the other parent. In other
words, a judge wouldn’t necessarily decide that a child should
receive the COVID-19 vaccine but, instead, could give one parent
the sole legal custody regarding the child’s vaccines, or even
just the COVID-19 vaccine. Before making a ruling, the Judge would
want to hear testimony from both parties as to why the child should
or should not be vaccinated. Often the Judge will consider the
recommendation of the child’s pediatrician.
It is often helpful for both parents to understand why they may
disagree about a vaccine and to determine if there is a way to
compromise. For example, maybe one parent is not comfortable with a
specific vaccine because it is so new or because a child is still
young. Perhaps they can agree that while the child will not receive
the vaccine immediately, he will receive it by the time he turns a
certain age. Additionally, both parents would be wise to seek the
advice of their family pediatrician to understand the pros and cons
of the vaccine and what makes the most sense for their
children.
Public schools in Pennsylvania have not yet required the
COVID-19 vaccine for children. However, that is likely to change
over time. When that happens, it is likely that a court would
consider the COVID-19 vaccine to be in the child’s best
interest. This assumes, of course, that there are no health
concerns specific to that child or family religious beliefs that
would prevent the child from receiving the vaccine.
Vaccinations, like other custody issues, are another potential
area of dispute between parents that require everyone to consider
what is truly in a child’s best interest. These decisions,
while not always easy, require careful consideration from both
parents.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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