Covid-19 vaccinations for children can become a contentious issue for some divorced parents. If they can’t reach an agreement, their dispute could wind up in court.
According to a KVUE ABC news report, the FDA Advisory panel recently endorsed the Pfizer vaccine for children from ages five to 11.
What are your parental rights in the matter?
Your parental rights go back to the court decisions made during your divorce. If you had joint custody for making legal decisions for your children, both parents have equal rights. If the court gave one parent sole custody for making legal decisions (schooling, healthcare, religious upbringing, etc.) then that parent would have the parental right to decide whether the child should be vaccinated or not.
The matter becomes legally complicated when both parents have equal rights to decide about the child’s healthcare, but they disagree.
A parent might involve the child’s pediatrician when making the decision. However, if the doctor chooses not to become involved, the matter could end up in court with a judge.
Various factors could come into play. Do the children have medical issues that put them at risk for vaccination? If the parent has not been closely involved with making medical decisions for the children, and they oppose vaccination based on political reasons, they may not be successful in fighting the issue.
Once again, the standard the court will use in determining any case involving a child is determining the child’s best interests.
Strategies to use in fighting a case involving covid-19 vaccinations for children
For many people, covid-19 vaccinations are already a controversial issue.
When a parent is fighting against vaccination, one possible way to prevent it would be calling the pediatrician’s office to let the doctor know. Another potential strategy might be presenting research and expert medical testimony that shows vaccination would put your child at greater risk for harm than contracting covid-19.
Parents arguing that their child should receive the vaccine would also need research and expert medical testimony to prove that receiving the shot would be in their child’s best interests.
The Law Office of Lindsey J. Wilson provides legal representation for clients in cases involving family law, custody and support, divorce, property division and modifications and enforcement.