Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Thursday, November 25, 2021

Divorced Parents Are Going to Court Over COVID-19 Vaccines For Their Children

From Today:

For many separated or divorced parents, the COVID-19 vaccine for children isn't a relief, but rather another source of co-parenting contention.

More and more co-parents are going to court over COVID-19 vaccines for children.

"There has been a significant increase" in court cases, lawyer Hillary Moonay, a partner at Oberymayer law firm's family law department, tells TODAY. "Now... disputes are creeping into flu vaccine concerns as well. I believe this is primarily because parents who do not want their child to get the COVID-19 vaccine believe it helps their position if they now claim they do not want their child to get the flu vaccine either."

"Most commonly, judges are not deciding whether a child should receive the vaccine but, instead, awarding one parent sole legal custody to make that decision," Moonay explains. "Judges are primarily relying upon the recommendations of the children’s pediatrician or family doctor to reach a decision. Additionally, judges are considering whether a child has had other childhood vaccines without the objection of either parent."

Dr. Amanda Craig, PhD, LMFT, a marriage and family therapist practicing in New York City . . . adds that arguments surrounding the Covid-19 vaccine are, frequently, not about the vaccine at all, but about deeper issues within the co-parenting relationship.

Read more here.

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