Unvaccinated mother and father are denied entry, probably custody of youngsters

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Unvaccinated parents are denied access, possibly custody of children; Just like some who refused to quit smoking lost custody of their children

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Unvaccinated parents are refused entry

WASHINGTON, DC (October 21, 2021) – Just as some parents lost custody of their children when they refused to quit smoking at home or, in many other cases, were forced to quit or lost visiting rights unvaccinated parents will be denied visits and may soon begin to lose custody of their children, says John Banzhaf, professor of public law who led the legal movement to make smoking an important and often crucial issue in custody proceedings .

He cites a very recent case in New York City in which a marriage judge suspended a father’s visitation rights with his three-year-old daughter simply because he refused to be vaccinated. Despite his attorney’s assertion that this father posed no threat to the child because he already had Covid, the judge ended the father’s visitation rights unless he is vaccinated or undergoes a weekly Covid test and an antigen test biweekly .

In that case, Judge Matthew Cooper ruled, “Here, the defendant’s personal access to the parents is not in the best interests of the child, and there are exceptional circumstances to aid his exposure. . . . The dangers of voluntarily remaining unvaccinated while in contact with a child while the COVID-19 virus poses a threat to the health and safety of children cannot be underestimated.

An Illinois judge has gone further and denied a mother the right to see her 11-year-old son for refusing to get the coronavirus vaccine, notes Banzhaf. And in another case, based on the need to protect a child from the unnecessary risk of exposure to Covid, a mother was granted exclusive ownership of the marital home; contact between the children and their father was also limited to electronic means.

All of these cases have been based on the generally accepted principle and legal standard – decisions must be based on “the best interests of the child” – as it is difficult to argue that it is in a child’s best interests, especially when they are too young to be vaccinated for unnecessary exposure to a possible vector of a dangerous and sometimes debilitating or even fatal disease in young victims.

Get back visiting privileges

In these cases, parents who refused to be vaccinated lost only visiting rights – not custody – of their children; a temporary situation that could easily be corrected simply by agreeing to be vaccinated.

However, Banzhaf noted that in some situations, parents who exposed their children to the unnecessary risk of secondhand smoke permanently lost custody – even after agreeing to change their behavior – because such behavior was a blatant disregard for the The child’s health and well-being showed its being.

As an appeals court ruled, the mother’s failure to quit was “strong evidence that the best interests of the child are not adequately considered” and “late smoking cessation may be more likely to encourage custody of the child occupy”. as concern for the child’s well-being. “

Since the risk of contracting Covid in an unvaccinated parent is many times higher than the risk of illness from tobacco smoke in one parent, and it is much easier for a godmother to get vaccinated than quitting smoking, is that Judges are even more likely to dissolve a parent’s custody for refusal to vaccinate than they are with smoking, at least when vaccinated parents bring up the issue in divorce, visiting, and custody cases, says Banzhaf, whose legal research on smoking in such cases should be equally be applicable to the subject of vaccination.

In fact, the legal objection to further visitation and / or custody can even be raised by third parties if the vaccinated spouse is reluctant to do so.

Legal complaint for refusing to quit smoking

Banzhaf vividly remembers a section of Oprah Winfrey TV program in which a grandmother tried to file a lawsuit against her own adult daughter for refusing to quit smoking in the presence of her young child (granddaughter).

Fortunately, the professor was able to convince the mother, live on TV, that her child’s secondhand smoke poses an unnecessary and unacceptable risk to her child’s health. As a result, the mother changed her behavior so that the grandmother did not have to make the terrible choice of choosing between her adult child and her granddaughter’s health.

But if a lawsuit had been filed, the court would almost certainly have issued an order to protect the child, Banzhaf says. In fact, in thousands of cases and in the vast majority of states, judges have ordered not only to ban smoking in the presence of the child, but also 24 or even 48 hours before the planned home visit.

As soon as parents begin to effectively address the issue of Covid exposure in divorce, custody and / or visiting proceedings – as non-smokers did in many cases in which the law professor was involved – Banzhaf expects the judges to be even more ready – Personal visits and even custody of parents who refuse to be vaccinated, despite the ever-growing evidence of fatal risk and overwhelming opinions from state and other medical authorities.

Furthermore, once vaccinated parents begin to follow the route taken by non-smoking parents, the legal challenges posed by their children’s health – and the resulting decisions that can be expected very soon – will provide an additional powerful incentive for concerned parents to finally give their children their children get vaccinated, prophesies Banzhaf.

Updated October 21, 2021 at 2:01 p.m.

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