Michael E. Bertin partner with Obermayer Rebmann Maxwell & Hippel. Court Order for Child to Receive COVID-19 Vaccination Affirmed
The decision of whether to allow a child to receive any vaccination is a legal custody decision. When the parties reach an impasse regarding a legal custody decision, the trial court is the tie breaker.
October 17, 2022 at 12:22 PM
8 minute read
Since COVID-19 vaccinations have been produced and permitted to be administered to children, an extremely hot topic in family court has been whether the court will enter an order permitting a parent to have the parties' child receive the COVID-19 vaccination over the other parent's objection. The decision of whether to allow a child to receive any vaccination is a legal custody decision. When the parties reach an impasse regarding a legal custody decision, the trial court is the tie breaker. The recent case LLB v. TRB, ___ A.3d ___, 2022 Pa. Super. 161 (September 21, 2022) is the first reported appellate case addressing the COVID-19 vaccine in the child custody context.
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