In divorce cases involving children, joint legal custody is accepted as a norm. This means in most cases that the dissolution judgment will provide that each parent will enjoy joint or co-equal decision-making authority in matters related to a child’s health, education, religious upbringing and any other child-related matters.

Lately, because the COVID vaccine has become available to children, many parents are eager to avail their children of the benefits of that vaccine. Yet, there are also many other parents who would prefer that their child not be vaccinated for various reasons. Where those parents have been divorced and their dissolution judgment provides for joint legal custody and they disagree regarding this health-related vaccine issue, it is not legally permissible for one parent to make the unilateral decision to vaccinate the child. Assuming they are unable with the help of medical professionals or mediators to resolve the issue, one or the other parent will be compelled to bring the matter to court for resolution.

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