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Vaccinations and Child Custody Disputes
1.
2. The topic of vaccinations and whether they do more harm than good
has been a hot public debate recently. Everyone from certified experts
citing facts to celebrities have thrown in their two cents. Fallout from
this conflict can be felt across the board, even in child
custody disputes.
3. Siding with scientifically based research and medical practices, a Florida family court ruled it is
in the best interest of a child to be in the custody of a parent who will vaccinate in accordance
with a doctor’s recommendations as opposed to one who will not.
4. In this case, the father wanted the child in question to receive
traditional medical care, including vaccinations, while the mother
did not. Though the couple was never married, the court ruled on
child custody and granted guardianship to the father. Not entirely
based on the vaccination disagreement, the decision did
significantly hinge on that factor.
5. Credited with largely eradicating diseases like smallpox, polio, mumps, and more diseases that
once ravaged the population, vaccines, and their widespread use, are regarded as one of the
greatest medical and public health advances in human history.
6. However, in the last decade or so, there has been a movement — chiefly
in developed countries where widespread outbreaks of horrific diseases
are no longer common occurrences — against vaccinating children. This
is based on the idea that chemicals used in these vaccines lead to
increased chances of autism. By and large, this claim has been
discredited and numerous studies have found no link between
vaccination and autism.
7. Still, there remains a small but vocal anti-vaccination crusade — celebrities like Jenny
McCarthy, Charlie Sheen, and even Donald Trump have spoken out against vaccinating
children. As a result, a significant number of parents have chosen not to vaccinate their
children. This practice has led to communities experiencing outbreaks of diseases like measles
and whooping cough, which were almost unheard of for generations.
8. Given the tremendous amount of research, evidence, and expert testimony,
it makes sense that the court sided with the father in this instance.
9. When it comes to family court proceedings, the wellbeing of any minor children involved is
almost universally placed above all else in child custody disputes. The best interests of the
child supersede issues like parental convenience or individual preference. In this case, it even
supplants specific religious beliefs and practices that the court ruled “will be harmful to the
child.”
10. When deciding on child custody, family courts take into account
numerous factors and considerations. Wide-ranging, these can vary a
great deal from state to state. Common points include the ability of the
parents to provide a safe home, adequate food, and medical care;
emotional relationships between the child, parents, siblings, and other
household members; financial stability and security; the mental and
physical needs of the child in question; and more. A particular court may
not specifically address each line-item one by one, but they do take into
account a child’s general well-being, health, and overall welfare.
11. In this case, the court awarded primary child custody to the father. Examining the facts and
testimony from medical professionals, they determined there was “substantial, competent
evidence” to back this decision. While other factors were in play, much of this was based on the
father’s stance on vaccinations. Though the court did not award the mother primary residential
child custody, she was awarded significant timesharing and visitation.
12. More than anything, this decision serves as a reminder that when
determining child custody, the best interests of the child reign supreme. In
this case, the court ruled that, due to the scientific evidence, the greatest
benefit for the child was to remain with the pro-vaccination father. But
depending on the circumstances, many factors can come into play in child
custody decisions.
13. When it comes to your own child custody case, it will benefit you to keep this fact in mind. A
child’s physical well-being — and a big part of this is medical care — is a significant factor in
determining which parent receives primary guardianship.
14. Consider how and why you are the ideal parent and plan your strategy
around your strengths in this area. If you’ve enlisted the services of an
experienced divorce attorney, he or she will likely be able to help steer
you in the right direction and demonstrate why you should be awarded
child custody.