What are my chances to winning sole legal custody if my ex-husband doesn't allow me to have vaccination administered to our child? 7 Answers as of April 22, 2013My ex-husband and I separated primarily due to our disagreements regarding our baby's health care. He is against vaccines and pharmaceuticals, instead he believes in natural immunity and homeopathic medicine. My doctor advices that I follow the immunization schedule to protect my child against diseases that can be fatal at his young age. My baby's father has already expressed that he won't let me go to the doctor appointments on my own and I know that his intention is to prevent the doctor from administering the shots. I'm really concerned at this point because I feel that he is putting my son's health at risk. What are my chances to winning sole legal custody given our situation?
Rebecca Rainwater | Rebecca Rainwater
The court must award legal and physical custody. Courts generally presume joint legal and joint physical custody are in the best interest of the child. You might be able to argue that due to parents inability to agree on immunizations and other future medical decisions it is in the best interest of the child to award you sole legal custody or joint legal but you have sole authority to make health decisions.
Answer Applies to: California