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Q. My child’s other parent wants to vaccinate our children with the COVID-19 vaccine, but I am against it. What are my options?
A parent with the independent right to unilaterally make decisions about non-invasive medical procedures does not need to ask the other parent for permission. Unfortunately, the courts have decided that a vaccine is considered a non-invasive procedure. Therefore, if the other parent has an independent right to make a decision about a non-invasive procedure, that parent has the right to vaccinate the child over your objection. The only way to try to stop that from happening would be to attempt to get a temporary restraining order restraining the other parent from vaccinating the child. However, the courts have been reluctant to stop a parent from vaccinating the child. In fact, in some extreme cases, the Courts have stripped away are a parent’s medical rights altogether for trying to stop the child from getting vaccinated. This would affect the parent’s right to make any other medical decisions for the child including routine doctor visits. If you have a case in this area, it is imperative to speak to an attorney to get a better idea of how the judge assigned to your case would react to your requests.
Can I still finalize a divorce if I am not able to go to court to tell the judge about the agreements my spouse and I made?
A. Yes. Most district family courts are accepting an affidavit with the information you normally would have to present to the judge in order for the judge to grant your divorce.
Q: My child’s other parent and I want to agree to vary from the court order to act in the best interest of the children. Is that okay?
As long as your court orders allow that the agreements of the parties supersede the orders of the court for custody, you and the other parent or conservator are free to agree to whatever possession and access and exchange methods works for your family.
If your decree does not say that, then the court orders are still in effect unless you go back to court to modify them and the judge does modify them.
Q: I think I or the child may have been exposed to or contracted COVID-19. Do I have to tell my child’s other parent?
A: If a parent, conservator, or child has been diagnosed with, or has reason to believe they or have been exposed to the COVID-19 virus, you should tell the other parent about the diagnosis or exposure. Then, you should discuss actions necessary to protect the child’s safety and welfare. If you and the other parent cannot come to an agreement, talk to an attorney for further guidance.
This information is not intended to be legal advice to anyone's particular situation. Learn more about how we can help by calling us at (469) 646-7763 and setting up a consultation!