Disclaimer: the information presented here is for educational purposes only, and should not be taken as medical or legal advice.
Child custody issues related to vaccination involve disagreements between parents/guardians on whether to vaccinate their child. These disputes can be complex and emotionally charged, often requiring legal intervention to resolve.
Family courts handle these disputes within the broader context of child custody and welfare laws. Custody arrangements, whether joint or sole, play a crucial role in vaccination decisions. In joint custody situations, both parents typically need to agree on major medical decisions. In cases of sole custody, the custodial parent generally has the authority to make these decisions.
When parents disagree, the issue may be brought before a judge. Usually the parent that wishes to vaccinate the child files for full medical or vaccine decision making custody. Courts examine various factors, including medical expert testimony, the child’s health, and any potential risks associated with vaccination or non-vaccination. Courts weigh public health guidelines against personal or religious beliefs. They often make decisions that are consistent with current public health policy, thereby siding with the parent wanting to give vaccines, especially in California and other states where children who are not fully vaccinated cannot attend school. If your child is older (usually over 12 years old) they may have more of a say in the decision thank either parent.
AVFCA’s Founder and President, Christina Hildebrand, not only has gone through a vaccine decision making custody dispute personally, but is also is one of the few experts in the U.S. who’s worked with over 100 parents in these difficult situations. If you are in a custody dispute where the other parent/guardian is wanting to vaccinate the child, Christina can share from her personal experience, and those of the people she has helped, give opinions on legal arguments, make referrals to lawyers who have fought such cases, offer religious exemption workshops, help with cross exam questions for medical experts, as well as serve as an expert witness. If you would like a consultation to help with a vaccine custody dispute, please email Christina directly (christina@avoiceforchoice.org), and please include as much information and documentation on your case as you can.