Currently, many parents are choosing whether or not to vaccinate their children. But, not all parents are in agreement. If you and your ex-spouse co-parent and do not agree about whether or not to vaccinate your child, read on for more information.
Physical Custody vs Legal Custody
In order to understand your parental rights, it is important to understand the different types of custody awarded to parents in New Jersey.
There are two main types of custody– physical and legal custody. Physical custody determines which parent the child spends the majority of their time with. The parent with physical custody is the custodial parent because they are the child’s main guardian. Because of this, the custodial parent may be entitled to receive child support. Even though the child lives with the main guardian, they will also spend time in the non-custodial parent’s home.
When a parent is awarded legal custody, they are able to be involved in making important decisions throughout the child’s life. This gives them influence in matters such as health care, academics, religious practices, and more. It is important to know that you can be awarded legal custody, even if you have not been awarded physical custody.
Sharing Legal Custody?
If you have sole legal custody, the decision to vaccinate your child is yours to make alone. But, if you and your ex-spouse share legal custody, you will have to come to an agreement. One way to do this is through mediation. Mediation involves a neutral third party helping you and your ex work through your disagreement. If mediation is unsuccessful, a family law court can make the decision on your behalf. It is important to know that the court will work to make a decision that is in your child’s best interest.
If you and your spouse are arguing about whether or not to vaccinate your child against COVID-19 vaccines, our firm is here to help. Reach out today to speak with an experienced and dedicated family law attorney.
Contact our experienced Red Bank firm
Our firm proudly represents clients in New Jersey who are faced with matters of family law, criminal defense, business law, real estate law, or estate planning. If you require strong and dedicated representation for any of your legal matters, please do not hesitate to contact The Law Offices of George J. Mardinly to schedule a consultation.