On pins and needles over a vaccination dispute together with your youngsters’s different mother or father? – Youngster Custody Authorized Blogs Posted by Daniel Forrest
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Posted on January 23, 2022 in
Child custody, child support, divorce, family law, spousal support
Are you and your ex at odds over whether to vaccinate your child against COVID-19? Divorced and single parents across the country are arguing about this all-important decision.
Today we’re going to cover the debate and how conflicted parents can solve this problem in Florida.
What does the CDC say?
As of this writing, the US Centers for Disease Control and Prevention (CDC) recommends that children ages 5 to 17 receive the Pfizer-BioNTech vaccine to protect them from the coronavirus. Adolescents from the age of 12 should also receive a booster vaccination.
According to the CDC, there are many myths about COVID-19 vaccinations for children. The federal agency states that the vaccine has been extensively evaluated in children. Side effects were few, and the vaccine is “safe and effective,” largely preventing infection and preventing children from developing serious illnesses if infected.
Rarely, a child may have a serious reaction, such as a severe allergic reaction or inflammation of the heart muscle (myocarditis and pericarditis).
On the other hand, the CDC states that unvaccinated children who contract the virus are at risk of long COVID, multisystem inflammatory syndrome (MIS-C), or death. The agency also says it’s a myth that the vaccine can cause fertility or reproductive problems.
What do parents who are against the vaccination say?
Still, many parents are very concerned about rumors to the contrary – that the vaccine hasn’t been on the market long enough to know the extent of the potential harm. Some believe the approval was rushed. And some parents oppose all vaccinations for personal or religious reasons.
A recent article in Florida Today explains the situation parents face in the Sunshine State. State laws limit what schools can do to reduce risk from masking, and parents in the community are also divided.
Interestingly, this article interviewed an Orlando pediatric cardiologist who said myocarditis can occur from the vaccine or from COVID-19, but unvaccinated children are at higher risk, both in terms of contracting the disease and its severity.
Custody and Parental Responsibility
The decision to vaccinate rests with the parent, who has legal responsibility for medical decisions under the divorce decree or custody order. (Responsibility for making important life decisions was formerly known as legal custody.) Legal custody can also be shared, which is quite common, meaning parents with shared decision-making responsibility would have to agree on whether to get vaccinated.
When power rests with one parent, that parent has the legal right and responsibility to decide, but the other parent can ask the court to change the responsibility, making it jointly or transferring it to the requesting parent alone. In order to make this change, the parent must demonstrate that circumstances have changed materially (probably the pandemic) and that changing parental responsibilities would be in the best interests of the child.
It would be important for each parent to provide the court with evidence of the pros and cons of the child being vaccinated against COVID-19. This can be done through the testimony of a doctor or the submission of medical evidence through documents. The pediatrician’s opinion would normally carry a lot of weight.
In this situation, seek the advice of an experienced family law attorney immediately – on both sides of the debate. An attorney can help you evaluate your potential legal remedies. Could the dispute be resolved through negotiation, or is going back to court (either to seek a change in legal custody or to resist it) an option?
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