Can My Ex Stop My Children From Being Vaccinated in New Jersey?

Can My Ex Stop My Children From Being Vaccinated in New Jersey?

When couples divorce in New Jersey, many are concerned that they will no longer have control over major decisions that impact the lives of their children. One major decision today involves COVID-19 vaccinations. People have strong opinions on this subject, and many former spouses in New Jersey do not agree on the correct course of action. Unfortunately, this may lead to one parent taking legal action against the other. Can one parent really have the final say on this matter?

If you are dealing with this situation, it is probably best to get help from a legal professional. A family law attorney in New Jersey can explain your options in a clear, concise manner. They can also help you fight for the right to make important decisions about your child’s life, even if it means representing you in court.

What Type of Custody Do You Have?

The first question is whether or not you have primary legal custody. This situation is actually quite rare, but it means that you have complete freedom to make important decisions about your child’s life, including those related to religion, education, and healthcare. A much more likely scenario is that you have shared legal custody, which means that both parents have an equal say in these decisions.


Try to Come to an Agreement

If you have shared legal custody, you must come to a consensus with your former spouse on all of these major decisions, including those related to vaccines. However, it is unlikely that a consensus will be reached if both parents feel strongly about the issue.

Going to Court

If both parents cannot agree on the correct course of action, legal action is almost inevitable. One parent can petition the court to modify legal custody. This does not mean that the other parent loses all legal custody in the future, it just means that they lose the ability to have a say in this specific matter. For all future decisions, both parents would have shared legal custody once again.

If the parent is successful, the judge would grant them the sole responsibility of making the decision of whether or not the child should receive the vaccine. Keep in mind that if a parent does not want their child to get the vaccine, they also have the ability to petition for a modification of legal custody.

What Happens in Court? 

Judges typically do not debate science or medical matters. They only consider what is in the best interest of the child. One would assume that they would support a decision to vaccinate a child because of this, but that is not always the case. There have been many instances in the past where courts have agreed that a parent has the right to stop their child from getting the vaccine. Regardless of what you want to achieve, it’s important to get help from a skilled attorney in this situation.

Enlist the Help of a Qualified Attorney Today

If you need help from a skilled attorney in New Jersey, look no further than Giro, LLP, Attorneys at Law. We have considerable experience with matters related to divorce, child custody, modifications, and much more. If you are concerned about your child’s vaccination options being impacted by your former spouse, it often makes sense to take legal action. Reach out today, and we can help you approach this situation in the most efficient way possible.


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