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Steve W. Marsee, P.A. Orlando Divorce Attorney
  • Experienced DIVORCE ATTORNEY

What Happens if My Ex Wants to Vaccinate My Child Against My Wishes in Orlando?

Vaccine

Vaccinations have become a controversial subject across the entire nation, in part due to world events within the past few years. This issue could be particularly challenging for divorced parents who cannot agree on how to handle medical treatments for their children. What happens if you and your ex disagree on whether your child should receive various vaccinations? Can your ex vaccinate (or fail to vaccinate) your child without your consent? This is a complex question you might want to explore alongside an experienced child custody lawyer in Orlando.

Understanding Legal Custody in Florida 

Many parents mistakenly believe that “child custody” only applies to the amount of time the child spends with each parent. However, child custody is more complex in Florida, and it goes beyond where the child lives. Aside from physical custody, parents must become aware of a concept called “legal custody.”

Legal custody involves the decision-making authority of each parent. If the parents have shared legal custody, they each have an equal say in how their child is raised. In this situation, both parents must agree on all important decisions involving medical care, religion, education, relocation, and any other subject that has a major effect on the child’s life.

If parents share legal custody, one cannot make healthcare decisions without the other’s consent. This extends to vaccinations, and a parent with shared legal custody cannot simply vaccinate (or not vaccinate) their child on a whim.

What Happens if We Can’t Agree on Whether to Vaccinate? 

If you and your ex cannot agree on whether to vaccinate your child, you should do everything in your power to resolve this disagreement without going to court. Potential options include mediation or arbitration, and you may be able to negotiate a compromise. This is generally preferable to a trial or custody modification hearing, which can be highly expensive.

If you have genuinely reached an impasse with your ex, you may need to resolve your dispute in court. A family court judge may have to decide who should have the “final say” when it comes to vaccinations. If you want the judge to side with you, it’s important to establish that your course of action would serve the child’s best interests.

An experienced child custody lawyer may be able to help you should be given temporary or permanent legal custody over future healthcare decisions. This could limit future disputes, allowing you to control whether your child receives vaccinations in the future.

Can an Experienced Child Custody Lawyer in Orlando Help? 

An experienced child custody lawyer in Orlando may be able to help parents with various disputes, including disagreements over medical treatments. Aside from vaccinations, there are many other medical issues that could lead to disputes among divorced parents. An online article may fail to provide targeted guidance, since your child’s best interests depend on their unique circumstances. To discuss this subject in more detail, schedule a consultation with Steve Marsee, P.A. today.

Sources:

 flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Court-in-Florida

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html

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