If you and your ex-spouse share child custody after divorce, your type of custody agreement can make a difference in which parent gets the final say about the COVID-19 vaccination. In California, there are two types of custody: physical and legal. Physical custody refers to the right to have a child in one's physical care, while legal custody is the right to make important decisions on behalf of the child, such as health care and education choices.
It is legal custody that can determine whether or not a parent has the authority to vaccinate a child if one parent is pro-vaccination and the other is anti-vaccination. This type of dispute could be resolved based on who has legal custody. If both parents share legal custody, however, the matter may need to go to mediation or possibly go all the way to court.
Sole legal custody. A parent with sole legal custody will have the final say in whether or not a child receives the COVID-19 vaccine, even if the other parent does not agree.
Joint legal custody. If both parents share the legal right to decide on the COVID-19 vaccination, they will need to discuss the issue and come to an agreement.
If the parents cannot agree, mediation is an option for families. Mediation is a type of alternative dispute resolution where an unbiased, neutral third party helps to work out a dispute without involving a judge.
Court trial. If mediation fails, the matter could be resolved by a judge in San Diego. If the case goes to court, the judge’s personal perspective on what is in the best interest of the child will make the final decision.
In making this decision, a judge in California will look at key factors such as the child’s health and vulnerability to COVID-19, whether the child’s school requires the COVID vaccine, and whether there is a religious or medical reason for one parent to be opposed to the vaccine.