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.
Mediation
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.
CONTACT OUR FIRM
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.
