Fait & DiLima is open for business and available to you by telephone, email, Zoom and other remote platforms for consultations, as well as emergencies.

What if I Disagree with My Ex-Spouse About Getting Our Child Vaccinated?

Now that the COVID-19 vaccine is being approved for children, divorced parents may encounter some disagreements regarding how best to protect them. If you and your ex are co-parenting, share joint legal custody, but have a difference in opinion as to whether or not you should vaccinate your children, we have some tips on how to approach the situation.

Review Your Parenting Plan

Parents with joint legal custody both have the authority to make decisions regarding their children’s health care, including the decision to administer the COVID-19 vaccine. A well-drafted parenting plan should include a clause that may direct you and your former spouse to partake in alternative dispute resolution, such as mediation, to resolve disagreements on these matters.

During the mediation process, you, your former spouse, and a third-party mediator will attempt to resolve this matter through negotiations. You may also have an attorney present to advise you during these talks. However, if you cannot work out an agreement, you will have to file a motion with the court.

If you do not want your child to receive the vaccine, you will need to show that your child qualifies for an exemption due to a medical reason. If you cannot prove this, it is likely that the court may rule that your children should receive the vaccine in the interest of public health. Failure to abide by this ruling may result in contempt, loss of custody, or even arrest.

You and your ex both want what is best for your children, so keep the lines of communication open, partake in micro discussions, and take a break when the conversation gets too heated.

Let Our Family Law Team Advocate on Your Behalf Today!

If you and your former spouse cannot agree on whether or not to get your children vaccinated against the COVID-19 virus, you may need the assistance of an experienced family law attorney to overcome this obstacle. At Fait & DiLima, LLP, our attorneys have more than 50 years of combined experience, which we will use to your advantage. With our team on your side, you can rest assured you will receive the outcome that best supports your children’s interests.

Reach out to our law office today at (301) 888-6384 to schedule an initial consultation with one of our attorneys to get started on your case.

Categories