Divorced parents often get used to having disagreements regarding their children. Even after the initial custody agreement gets drafted and signed, it is tricky to co-parent with an ex. Parents generally learn to navigate minor disagreements, achieving a (sometimes uneasy) rhythm of give and take.
Covid and the subsequent Covid vaccinations ended this give and take for many parents. In the months since the FDA approved the Covid immunization for children, family court judges across the nation saw a surge in Covid vaccine-related cases. Divorced parents simply could not agree on whether to vaccinate their child against Covid or not.
Even parents who were somehow able to accommodate virtual school or homeschooling for their child or children during Covid have found themselves at loggerheads when deciding whether to vaccinate.
One parent may see the Covid vaccination as a true no-brainer. They want their child back in school; the safest way to do that seems to be the vaccination route.
The other parent may feel the exact opposite, believing children have much less risk from Covid than adults. Since the Covid vaccinations are relatively new, a parent may feel the risk from Covid is less than the risk of the vaccination.
When one parent feels that the Covid vaccination is essential for their child’s safety and the other feels the Covid vaccination is more of a threat to the child than the disease, how does the decision get made?
If the parents share legal custody, then both parents must agree on any major decision that involves health, religion, or education. Should one parent go against the wishes of the other, that parent might find themselves in contempt of court.
Sole Custody in Georgia Includes Decision-Making for the Child
In Georgia, if one parent has “sole custody,” they have both legal and physical custody, meaning they are the primary physical custodian and the legal decision-maker. However, the state rarely grants sole custody unless one parent has addiction issues, is sexually or physically abusive, or has exhibited behavior that placed the child at risk. The other parent may have limited visitation but have little input in the decisions made for the child.
When Custody is Shared
More typically, parents share both legal and physical custody, although one parent typically has more time with the child than the other. They will also have a parenting plan that details how disagreements get handled between the parents. However, many parents cannot resolve the issue of Covid vaccinations. If this is the case, the parents must go before a judge who will decide for them.
How Can a Judge Be Impartial?
While most judges can issue an impartial ruling, their feelings about the issue might creep into the decision. A judge who believes strongly that the Covid vaccination keeps children safe from the disease will likely rule in favor of the parent who wants to vaccinate and vice-versa.
If the judge feels one parent’s position is significantly skewed from the child’s best interests, the judge may even take away legal custody from that parent. Most judges will tend to lean heavily on the medical advice of pediatricians while also considering the child’s prior vaccination history.
So, a judge might see that the child has had all their regular vaccinations—and consider the advice of the child’s pediatrician—then order that the child receive the Covid vaccination.
What if the child’s pediatrician refuses to provide a letter recommending that the child get vaccinated against Covid? Unless the pediatrician offers a compelling reason why the child should not get vaccinated against Covid, the judge might still rule for the parent who wants to vaccinate—or might not.
Parents battling the issue of Covid vaccinations should remember that even the parent who “wins” the battle could see their arguments take a toll on the children. Both parents must do their best to navigate the conflict without bringing the children into it. This includes never disparaging the other parent’s decisions in front of the child.
If you find yourself in this position, you must speak to a knowledgeable Atlanta family law attorney who can help you through the process in the best way possible.
Contact Our Atlanta Family Law Attorneys
At Hobson & Hobson, P.C., our Atlanta divorce and child custody attorneys know that when and how to vaccinate your children can be a heated topic for some families. Disagreements over how to provide medical care for your children can cause unnecessary headaches for parents after a divorce. Our attorneys can meet with you to discuss these issues and set up a plan to protect and safeguard your children and their future.
Call us today at (770) 284-6153 or fill out our confidential contact form. We can set up a consultation so that you can review all your legal options.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.