COVID-19 has impacted our whole world and put a significant burden on the courts. This has also led to many disputes between co-parents about the best way to handle things like school enrollment and covid vaccines. If you are experiencing a COVID family law dispute in Virginia, we can help you navigate the impacts of the pandemic.
Joint Custody and COVID Vaccines in Virginia
Having legal custody of a child gives you the right to make critical decisions on behalf of the child. This includes medical care, religious upbringing, and education. A covid-19 vaccine falls under medical care. So, do parents with joint custody both have the right to decide?
Physical custody and legal custody are not the same. Physical custody can be shared between two parents, but it does not impact legal custody. Having primary physical custody does not mean that you can make decisions to vaccinate or not vaccinate without the other parent’s consent.
That goes for school enrollment as well. Many parents are torn between in person school and virtual school or homeschool. Since both parents have legal custody, the decision must be a mutual one.
COVID Family Lawyer Disputes
If you truly can’t reach an agreement with your co-parent, then the only way forward is to litigate the issue and let a judge decide. It is crucial to remember that with this route, the judge’s decision will be binding.
You will need to introduce evidence and witnesses to prove that your side has more value than the other side. It’s even harder if you are taking the position against vaccination. Either way, you need to be prepared to make your argument as strong as possible.
COVID Vaccine Debates
This is a hot topic for many and for good reason. People have strong opinions regarding the virus and vaccinating against it. There is a lot of misinformation, concerns about FDA approval, questions about clinical testing and risk factors. It’s a lot.
Case Law on COVID Vaccination Rulings in Virginia
Little did I know that within three weeks of the government authorizing covid vaccines for children, I would be litigating the issue. My client wanted her daughter to have the vaccine and the father was against it. The moral of the story, if you litigate, be sure to ask the court to award you final decision making when it comes to the child’s medical care. The Court will not take a position if a child should or should not have the vaccine. I also brought in the child’s pediatrician who recommended she get the vaccine.
Covid Family Lawyer Disputes in Fairfax, Virginia
If you can’t reach an agreement with your ex-spouse and litigation is the only option, it is essential that you speak to an attorney as soon as possible. You will need help navigating this process. To speak to an attorney about your case, please contact Cook, Craig and Francuzenko.
