How to Settle Child Vaccination Disputes After Divorce

 Posted on August 29, 2024 in Child Custody

IL family lawyerThe 2020 pandemic brought an entirely new issue to the forefront: whether to vaccinate children against COVID-19. Parents already face plenty of tough issues when allocating parental responsibilities, and "to vax or not to vax" has been added to the list. Although "anti-vaxxer" parents have become more prevalent over the past couple of decades, the COVID-19 vaccine caused many parents to draw a firm line in the sand. A 2023 study found that COVID-19 vaccination rates remain low in children and adolescents years later.

Parents who received the vaccination themselves are five times more likely to ensure their children also received the COVID vaccination. It is not just the COVID-19 vaccination that parents are refusing; routine vaccinations for children declined nationwide during the pandemic – and never rebounded. During the decade before the pandemic, vaccine rates for children held steady at a bit more than 95 percent. In 2024, that rate was between 92 and 93 percent, and it continues to fall.  

If you and your spouse have vastly different ideas on issues like discipline, religion, or medical decisions for the children, speak to a Wheaton, IL child custody lawyer from Andrew Cores Family Law Group. When you have a strong legal advocate who is skilled in helping parents reach mutually agreeable resolutions, disagreements can be put to rest as quickly as possible.   

What If One Parent Vaccinates the Children Against the Other Parent’s Objections?

Parents in favor of vaccinations might think they can end the argument by simply having their children vaccinated. After all, once done, there is no going back. Parents considering a move like this should absolutely reconsider. When parents share joint legal custody, they must either agree on religion, medical issues, and education for their children or the court may bring in a mediator.

If mediation is unsuccessful, the court will make the decision. The court deciding factor will always be the best interests of the child. If a parent were to act alone by vaccinating the children or enrolling them in a new school without discussing it with the other parent, it would be considered a custody agreement violation. The parent who vaccinated the children against the other’s wishes could be charged with contempt of court.

If a judge feels one parent’s position on vaccination skews so far outside the principles of the best interests of the child, then all decision-making power going forward could be removed from that parent. This is yet another reason for parents to work with one another to try to reach a mutually agreeable decision whenever possible.

Why Are Some Parents Hesitant to Vaccinate?

As soon as vaccine mandates went into effect, people across the United States rebelled, citing government overreach and uncertainty regarding how quickly the vaccine was approved. Some believed that the COVID-19 vaccine had not been out long enough to know where there were serious side effects, while others thought the government was using the public as guinea pigs to test the vaccine.

Fake vaccine certificates surfaced, and some parents even tried to "undo" the vaccination. What many people may not know is that when smallpox vaccination was developed, there were anti-vaxxers who worried about side effects, preferred natural alternatives, or believed the government had ulterior motives. In other words, vaccine hesitancy is nothing new.  

Contact a DuPage County, IL Family Attorney

If parents cannot agree about whether their child should be vaccinated for COVID-19, contacting a Wheaton, IL child custody lawyer can help resolve the issue. The results-driven attorneys at Andrew Cores Family Law Group will listen carefully to you and then lay out your options. Attorney Andrew Cores is a Fellow of the Collaborative Law Institute of Illinois and also served as a past member of their TEC Committee. Contact Andrew Cores Family Law Group at 630-871-1002 to schedule your free consultation.

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