My Ex and I Disagree on Whether to Vaccinate Our Kids

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Recently the COVID-19 vaccine has been a topic of much debate. Some parents are struggling to agree upon whether or not to vaccinate their children. If this occurs, you may need legal help. Read on to learn more.

Physical v.s. Legal Custody

The type of custody you have determines your parental rights. In New York, there are two main forms of custody:

Physical Custody

Physical custody determines which parent the child lives and spends the majority of their time with. Because of this, it is also known as residential custody. This parent is also referred to as the custodial parent because they are the child’s main guardian. Despite which parent has physical custody and where the child lives regularly, they will also spend time in the non-custodial parent’s home.

Legal Custody

When a parent has legal custody, they have a say in the important decisions throughout the child’s life. This allows them to have an influence when making decisions regarding issues such as health care, academics, religious practices, and more. This is important because it allows both parents to be involved and have a relationship with their children. It can also be beneficial if a custodial parent wants to move with their child. Essentially, legal custody allows the non-custodial parent the right to speak up and have a say in these situations. If you have sole legal custody, you have the power to make the decision about vaccines.  


If you and your ex-spouse share legal custody, you will have to be in agreement when it comes to deciding whether to vaccinate your child. If you and your ex cannot agree, the objecting parent may request mediation. Through this process, you and your co-parent can work through the matters at hand with the help of a neutral third party.

Family Court

If mediation does not solve the issue, you may need to go through a New York family court. The court will make its decisions with your child’s best interests in mind. In this case, it is best to retain the help of an experienced family law attorney who will help argue your side.

If you and your ex-spouse are not in agreement when it comes to vaccinating your child, our firm is here to help. Reach out today to speak with an experienced family law attorney.


Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.

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What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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