Family Law Blog

What Happens When Divorced Parents Disagree on Vaccinations?

Monday, January 06, 2020

Vaccines are highly contentious in the media these days. As they involve children, it isn't so far-fetch to believe that vaccinations could leak into your child custody case. However, whether or not your spouse needs to vaccinate your child isn't as simple as assigning parenting time. Indeed, it will need to be addressed if you disagree with their decision.

Joint Custody

If your state already has laws mandating that a child needs to be vaccinated if they are to attend public school, then it makes the case more clear. Instead, it could then become an issue of whether you want your child to be homeschooled or not. However, if there is no such law, then it becomes a case of parental rights. If you have joint custody, then you, even as the non-primary custody holder, still have a say in your child's medical and religious upbringing. As vaccines are denied for either religious or medical objections, you can maintain that you do or do not want them immunized in a divorce case.


If the court rules in favor to vaccinate your children, which is likely due to rampant outbreaks of wholly preventable diseases, and your spouse does not comply, they may be looking at several days of jail time for disobedience. You, as a custody holder, are also in your right to take your child to receive vaccinations when your parenting time comes around. In this case, your ex-spouse cannot go after you in court.


While vaccinations are the hot issue right now, if you are looking at divorce or a complicated child custody case of any kind, we can help. Contact us today to see what the Law Office of Jamra & Jamra can do to help you navigate a complicated divorce case so you can get the best possible outcome.