Custody Disputes and the COVID-19 Vaccine
Over a year later and the pandemic continues to impact every facet of most people’s lives. However, the vaccine rollout has been ramping up and many medical experts are hopeful that things are on the right track.
WIth that said, vaccines have proven to be a controversial topic, and divorced parents don’t always see eye to eye when it comes to vaccines, let alone a new vaccine that was approved just last year. We’ve dealt with cases where vaccines or other medical issues are a point of contention in custody cases, which is what inspired us to write this post.
Today, we’re talking about the potential outcomes when one parent is opposed to the COVID-19 vaccines, as well as other vaccines in general.
The Best Interests of the Child Outweigh Everything Else
The family law courts will always focus on the best interests of the child, and they do not automatically assume that parents have the same priorities as well. Furthermore, they are aligned with medical and scientific authorities, and extensive scientific literature has established that in many cases, getting vaccinated is often in the best interests of the child.
What does this mean for parents who are opposed to vaccination? If the other parent is unwilling to budge and insists, the courts can step in and make an executive decision on everyone’s behalf.
Court in CA Have Granted Sole Authority to One Parent Over Vaccines
Family law courts in CA have also previously given one parent sole authority over this decision, often siding with the parent who is not against vaccines. When appropriate, they consider stripping the other parent of their jurisdiction over these areas as beneficial to the well-being of the child.
The COVID-19 vaccine further complicates this debate because in some cases, courts have also deemed it best for the public interest that as many people get vaccinated as possible. Thus, they have additional reasons to side with a parent who is not opposed to vaccination.
Learn More By Speaking with a California Family Law Attorney Today
There are certainly risks and unknowable factors when it comes to fairly novel medical treatments and procedures, and vaccinations are no exception. That said, pushing back against vaccination these days can be an uphill battle, especially as a deadly pandemic continues to surge across the world.
We hope this post provided you insight into how this debate is playing out in CA family law courts. For specific legal advice, we advise that you contact a trusted family law attorney.
At R & S Law Group, LLP, we leverage decades of experience and success to help our clients with a variety of family law issues ranging from custody battles, divorce, prenuptial agreements, and much more. Call us at (949) 825-5245 to book a free initial consultation.