If you and your spouse cannot agree on your children’s vaccine status, there may be grounds for legal intervention in the form of medical custody. This contentious issue is rising to the fore of late as numerous couples struggle to reach an agreement over the upcoming COVID-19 vaccination for children.
When medical custody is granted, one parent is given sole input over the child or children’s medical needs. It is worth noting that there is legal precedent suggesting that the courts favor a pro-vaccine stance. In a 2015 case, for example, a Pennsylvania appellate court said that anti-vaccine stances were “unreasonable” and “dangerous.”
To take the ex-spouse back to court and make the child get vaccinated, you would need a local family law attorney to argue your legal case for you. The judge will need to see some case law showing they have the authority to do this and that is done through something called case law and statutes. A good divorce lawyer in Selma should be able to do that for you in Dallas County, Alabama. Your ex will likely get a local lawyer too, so be ready for a bit of a fight if your ex truly believes the vaccine is dangerous.
Going down the medical custody route should be viewed as a last course of action when discussions completely fail as it involves input from local family law courts. If you’d like to avoid this course of action, you are better off attempting to reach an agreement with your spouse.
Try and reason with your ex. Point out that schools and other organizations that your child or children participate in may require the kids to be partially or fully vaccinated. Explain that non-vaccination status may exclude the children from certain activities they enjoy and/or are essential to their overall development, as is the case with schools. If it can be shown that getting the vaccine is in the best interest of the child that may be the best way to get the judge to side with you and your attorney at the hearing, should you have to file a case as well.