The coronavirus has forced us to make many difficult decisions. For example, many parents working high-risk jobs had to avoid seeing their children. Other parents had to choose between keeping their children home or sending them to school in person. Now, parents must choose whether to vaccinate their kids against the virus. This is an especially complicated decision for parents who share custody and are not in agreement when it comes to the COVID-19 vaccine. So, what do you do if you and your ex-spouse cannot agree upon vaccinating your child? Read on to learn more.
Custody Matters
The first thing to understand is that your custody arrangement will play a large role in the decision. In New Jersey, parents can be awarded physical and/or legal custody:
- Physical custody: this refers to the parent with whom the child will reside the most. Whoever is awarded physical custody will have the child for more nights of the week. In some cases, parents can work together to split the time evenly. This is referred to as joint physical custody.
- Legal custody: this refers to the parent’s right to make important decisions regarding the child. These decisions may include choices about education, religion, and medical issues. Legal custody may be awarded to one or both parents.
If you have sole legal custody, the decision to vaccinate your child is yours alone to make. But, if you and your ex-spouse share joint legal custody, you and your ex-spouse will have to agree when it comes to the vaccine.
Steps to Take in the Event of a Disagreement
Your first step should be to consult with your child’s pediatrician in order to make the most informed decision. If this does not solve the problem, you may want to consider mediation. Through the process of mediation, a neutral third party can help you work through the issues you are facing. If mediation is unsuccessful, it may be best to take your matter to court. In this case, a New Jersey court will make a decision on your behalf. Be sure to speak with an experienced family law attorney who can walk you through the process.
If you and your ex are not in agreement regarding the COVID-19 vaccine, reach out to our firm to speak with a skilled attorney.
Contact our Firm
We understand that those getting a divorce most likely have several questions regarding the weeks and months to come. Paris P. Eliades Law Firm, LLC is honored to serve the people of New Jersey, including Sparta, Sussex County, Morris County, Passaic County, and Bergen County with the quality legal services they deserve. If you are getting a divorce or have any other questions regarding divorce-related matters, please do not hesitate to contact our firm for a consultation today.
