Vaccinations are a hot topic for parents, especially in light of the new COVID-19 vaccine available for older children. The new COVID-19 vaccination is causing some tension between parents who might be uncertain about whether the vaccine is safe.
Both parents have to approve all vaccinations. If one parent does not want the child to be vaccinated, that can cause a serious disagreement between the parents.
Vaccinations and Parenting Plans
If you are a parent dealing with a conflict about the COVID-19 vaccination, you should first look at your parenting plan.
When parents share custody, they must create a parenting plan that sets out some of the key areas of shared parenting. Medical needs and care are almost always one of the topics addressed as part of this plan. It can cover everything from braces to mental health care to vaccines.
The parenting plan sets out how vaccines should be treated in many cases. Because the new COVID-19 vaccine is, in fact, a vaccination, it might be generally covered in your parenting plan as part of a general vaccine discussion, along with other “normal” vaccinations like tetanus and Hepatitis B.
Enforcing Vaccination Provisions in Parenting Plans
There is a lot of debate about the safety and effectiveness of the COVID-19 vaccination. Because it is a “hot topic,” some parents outright ignore the vaccination requirements in their parenting plans. Remember that a parenting plan was already agreed upon by the parties and approved by the court.
If your parenting plan includes a provision about vaccines that is being ignored, you can take action. You can ask the court to enforce the parenting plan by working with a family law attorney to file a motion to bring it to the court’s attention. If the other parent still ignores the plan and court order, the court can sanction the other parent using a variety of methods.
If the parenting plan does not have a vaccine provision and requires both parents to agree on medical care, do not ignore that provision! Simply getting the child the vaccine without telling the other parent can put you in legal hot water.
Acting in the Child’s Best Interests
Every decision the court makes must be with the child’s best interests in mind. If there is no provision about vaccinations in your parenting plan or if you (or the other parent) are trying to get around the requirements, the court will consider what is in the child’s best interests before permitting the vaccination.
In some cases, getting the vaccine might not be in the child’s best interests. For example, the court will consider whether the child has an underlying medical condition that increases the potential complications from the vaccine as part of its decision. Other factors, including whether the child wants the vaccine (if they are older), might also be considered.
At Mohajer Law Firm, we fight for our clients and the best interests of their children. If you have questions about handling vaccine disagreements, contact our office to schedule a free consultation.
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