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, 2013

My 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?

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Rebecca Rainwater
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
Replied: 4/22/2013
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
You'd find it easier to go back to Court and get an Order requiring the vaccination.
Answer Applies to: Wisconsin
Replied: 4/22/2013
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
You will need to litigate this matter so be prepared to prove what you are saying is happening. Do you know if the Dr office documented any of this?
Answer Applies to: Georgia
Replied: 4/19/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
You may not get sole legal custody, but you will probably get the court to order that the vaccinations be administered. Go to court and ask for it to order that the vaccinations take place.
Answer Applies to: Idaho
Replied: 4/19/2013
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
Sounds like you have a very good argument. But in the end this depends on the law of the State you live in. Before you do anything, talk to a divorce lawyer. And do that soon.
Answer Applies to: New Jersey
Replied: 4/19/2013
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