Parents who are still in the process of finalizing their divorce should proceed with caution, too. When judges decide to award joint legal custody, they do so with the belief that the parties can communicate with one another and effectively co-parent to make decisions in the child’s best interests. If the judge sees that divorcing parents can’t agree on the vaccine issue, he or she may decide that the parents will be unlikely to agree on other major health decisions in the future, and award sole legal custody to one parent or give one parent superior rights on medical decision-making.
In consultation with their respective attorneys, parents facing these issues are encouraged to consider alternatives to bringing these issues to Court. Getting a court ruling can take weeks, if not months, as the Court will likely require testimony and evidence prior to making a decision, including from independent witnesses like the child’s pediatrician. And, as noted above, there can be broader ramifications for a parent’s rights. Therefore, parents may explore alternatives like working with a mediator and/or consulting with the child’s pediatrician or other medical experts.
Parents are well-advised that there is not a one-size-fits-all solution to these cases, and they should never predict the likely outcome of their case based on what they heard happened in a friend’s or a neighbor’s dispute. Every case is unique and fact-specific, and it’s important to consult with an attorney who can review and assess all of the nuances of the situation.
In the end, some parents may think it’s well worth going through such an arduous—and costly—process.
As one doctor who took her husband to court over the vaccine told the Washington Post: “My son getting the shot in his arm was like cresting the top of Mount Everest and coming down the other side.” But she’d felt compelled to fight her husband on the issue. “Should my son contract Covid, how could I live with myself?”
Lynette Paczkowski is an attorney at Massachusetts law firm Bowditch & Dewey. She routinely guides and helps individuals navigate prenuptial agreements, divorces, child custody issues, and other domestic and familial disputes.