Deciding to vaccinate your children is a personal decision that parents must make in regard to their child’s health. Oftentimes, schools require certain vaccinations but will accept exemptions based on factors such as religion and certain medical conditions that prohibit vaccination. The decision to vaccinate your children can become difficult if ex-spouses can’t agree on whether they should vaccinate or not. At the Law Offices of Michael A. Robbins, we’re here to help spouses understand what to do if they disagree on vaccination and how our services can help.
Who’s Responsible for Our Child’s Health After Divorce?
It’s a parent’s responsibility to provide their child with health insurance during a Michigan divorce. The court will assign one spouse to provide health coverage for the child, depending on factors such as the spouse’s employment and the cost of insurance. Though a spouse is responsible for providing health insurance to their child, the individual responsible for making health decisions will vary depending on the agreement between parents or court intervention. For example, a child’s medical decisions are greatly based on custody arrangements, and parents may submit approval to the court if they can decide this themselves. Oftentimes, however, the court will need to intervene to decide child custody arrangements.
If a parent is given sole legal custody, they are responsible for making decisions about the child’s medical care and can decide if they’d like to vaccinate their child or not. If parents share legal custody of any children, one spouse is not permitted to make medical decisions for their child without the other’s permission.
What Happens if We Disagree on Vaccination?
If a couple can’t agree whether to vaccinate their children or not, court intervention may be necessary. The court will review the parental agreement on which parent is responsible for making medical decisions. If a spouse has sole legal custody and the other spouse disagrees with their decision to either vaccinate or not, they can petition the court in order to intervene in the situation. There’s no guarantee that the court will approve their petition, but it gives them an opportunity to express their views about the vaccination status of their children.
Parents with shared legal custody should review their custody arrangement to see if they specify who’s responsible for vaccination decisions. If vaccination was never specified in the agreement, the parents must decide whether to vaccinate the children or not. If there’s disagreement, the couple can request that the court intervene and decide on the matter. During this time, a judge will listen to the concerns of each parent and the reasoning for disagreement and then make a decision that’s based on the best interests of the child. A judge will never make a medical decision that they feel will put the child in harm’s way and cause further issues.
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If you have questions about court intervention for a child’s medical decisions, contact our team today. We’re here to help with all of your legal needs.