Vaccinations for children have become a hot-button topic in a lot of circles, and they can create serious conflicts between separated or divorced parents. One parent may firmly believe in following the recommended vaccination schedule, while the other may genuinely believe that they’re dangerous or oppose them due to their religious beliefs.
This isn’t the sort of situation that can usually be resolved with a simple, informal conversation. What happens next?
Check your custody order
Legal custody refers to the parent’s authority to make important decisions concerning a child’s health, education and general welfare. It is different from physical custody, which generally addresses where the child lives and the parenting-time schedule.
When parents share joint legal custody, they ordinarily must consult one another about significant medical decisions. One parent should not assume that having more parenting time or being designated the parent of primary residence automatically gives them the right to decide whether the child will be vaccinated.
If one parent has sole legal custody, they may have the authority to make the decision, but they should still review the custody order’s language. Some orders may divide parental responsibility by subject or only give one parent the final say once they consult with the other.
Mediation might be a useful tool
Rather than heading straight to court, it may be worthwhile to explore mediation. A neutral mediator can help the parents identify their specific concerns, exchange information and explore possible solutions. They might agree to consult the child’s pediatrician, obtain a second medical opinion or establish a process for handling future health care decisions.
Mediation can be especially valuable when parents need to preserve a workable co-parenting relationship. However, the mediator does not make the vaccination decision for them. If the parents remain firmly divided, court intervention may be necessary.
If the court ultimately has to make the decision, it will do so based on the child’s best interests. That may take into account the child’s age, health, prior vaccination history, school requirements, religion and more.
Vaccination disputes can also reveal broader problems with joint legal custody. A single disagreement may lead to a limited order addressing vaccinations, while an ongoing inability to make important decisions together could prompt the court to change the custody order. Legal guidance is essential in situations like these.