What to Do With Child’s Covid-19 Vaccination during Legal Separation?

Are you planning to file your separation papers? It could be that you are contemplating your legal separation, but there could be issues like whether or not to vaccinate your kid coming your way. For co-parents sharing joint legal custody of their own kids, this has led to a huge debate. For parents who battle each other about everything, it is common to have disagreements when it comes to which vaccine to opt for to protect them against COVID-19, the possible health risks, the potential religious uproar etc. In case there are similar disagreements between you and your co-parent about whether or not to vaccinate your child against COVID-19, here are a few options that you may explore.

Talk to your Pediatrician

Carry out some personal research on the Covid-19 vaccine that you want to get for your child. However, it is probably even more important to have a talk with your child’s pediatrician. He is the medical professional who has a better understanding about the medical history of your kid, better than you or your partner / spouse.

You would do well to get the advice of your child’s pediatrician about the vaccine. Side by side, you should also carry out your own research and find out whether or not you would like to get your child vaccinated.

Check Your Kid’s Approval for the COVID-19 Vaccine

The CDC (Centers for Disease Control and Prevention) states that the vaccine for Covid-19 can be used by kids who are 12 years old or over in age. If you have a younger kid, there is no concern about getting him or her vaccinated. You need to determine this, along with your co-parent, whether you would like to see your kid getting the vaccine. In case you are unable to agree, you can let the family court – having jurisdiction over that kid – take that important decision in place of the two of you. When you are in a state of legal separation in New York, this is quite a possible and practical scenario.

The court of law, similar to other cases involving vaccination, will take a decision on whether your kid needs to get a vaccine on the basis of your child’s best interests – in case you are unable to take a joint decision with your spouse. It would hear out both of you, why there is a disagreement when it comes to the vaccination of the child, and what each of you has to say. The judge will even take a look at the medical history of your kid, consider whether there are any particular health risks running through the family, activity or school requirements etc. A medical expert would be consulted as well. When it comes to getting vaccinated through online modes, there are different types of advantages as well as disadvantages. But a testimony from the pediatrician of your child might be regarded as the most vital piece of information by the judge looking into the matter.

In case you share joint legal custody of your kid with your spouse or partner, and have different opinions regarding the immunization of the child, do not take any unilateral action. You might get in touch with contact a family law attorney, and know about the best legal steps that can be taken in such cases.

Eric Sara
the authorEric Sara