In particular, the decision to vaccinate or not.
2006-12-28 16:19:43 · 10 answers · asked by gabeybaby082706 1 in Family & Relationships ➔ Marriage & Divorce
To clarify, the couple is still married but the father doesn't want to vaccinate while the mother does want to vaccinate. The father is very adement about not vaccinating and equates it to child abuse.
2006-12-31 15:18:17 · update #1
I don't think so. I believe you have to prove that she is an unfit mother. You may want to talk with the child's doctor and learn the pro's and con's of the vaccination and talk with your ex. Most schools will not let the children attend without most vaccinations. Check the laws in your state.
2006-12-28 16:23:00 · answer #1 · answered by Santa's Elf 4 · 2⤊ 0⤋
The legal standard for changing custody varies from state to state but in most state it is a variation on "has there been a substantial change in the ability of the custodial parent to raise the child." If you can't prove the change - you don't get to change custody.
However, as the non-custodial parent, you still are a PARENT and you do have rights, in most cases, regarding medical decisions and other major life decisions (unless you have also lost legal custody of the child.) Given that, you do have a right to have a say in the vaccination question. The first think you should do is try to talk/mediate on the issue. If that is unsuccessful and you still feel her decisions are harming the child, you can go to court to ask the judge to intervene in the decision. Going in and asking the judge to order vaccinations is probably a better tactic than going in and asking him to change custody.
Good luck.
2006-12-28 23:11:23 · answer #2 · answered by CV 3 · 0⤊ 0⤋
anyone can try to sue for anything if they have enough money. Winning is the hard part.
He probably won't win but the one who wants to vaccinate will have the upper hand. Not vaccinating "may be" considered abuse or neglect. If the children are not allowed in school then that could be used as a leverage point too.
nothing is absolute in a court of law, very strange things happen.
On a side note it's pretty stupid not to vaccinate there are 100000 better arguments in favor of vaccinating than a few lame ones against.
2006-12-28 16:23:49 · answer #3 · answered by hogie0101 4 · 1⤊ 0⤋
you can sue for sole custody regardless of why. that choice is yours. i think the real qst is would you win. my opinion, doubtful. would you get more say in the child's life and well being? probably if you got the right judge. but as far as the choice to vaccinate not liable cause to remove the child. its legally acceptable in some cases not to vaccinate a child. religious preferences to be exact. some do it some don't. in the courts eyes though legally it doesn't make you a bad parent. in the publics eyes it may make you stand out for making a pore judgment call for your child's well being. good luck i no how hard it is to see your child go through a situation ur not pleased about.
2006-12-28 17:13:58 · answer #4 · answered by Anonymous · 0⤊ 0⤋
evidently that none of you have a clue what "sole" and "joint" custody advise. Sole custody capacity one discern has entire criminal determination making authority. the different discern has no say in the place the youngster lives, is going to college, gets scientific treatment, and so forth. Joint custody capacity the two dad and mom have equivalent criminal determination making authority. the youngster can nevertheless stay with one discern and characteristic visitation with the different. Neither sole nor joint custody have something to do with whom the youngster lives with. that's "residential" custody, which the father would decide directly to make certain shared the two.
2016-12-15 10:19:02 · answer #5 · answered by Anonymous · 0⤊ 0⤋
This is a tough one, you better watch out, because the AMA tries to scare parents into thinking that they must vaccinate or they can get in legal trouble (this isnt true), but if you get a jerky judge it could mean you losing the children due to "endangerment".
2006-12-28 17:07:51 · answer #6 · answered by Anonymous · 0⤊ 0⤋
YES, you can sue a ham sandwich
DOESNT MEAN he is going to win.
Plenty of ambulance chasing lawyers will tell him he has a chance so that they can pay tuition this semester.
If you have a solid reason (religious is one) not to vaccinate) I would think that the courts would side with you,
as a side note,
I SIDE WITH WHOMEVER WANTS TO GET THE KIDS PROTECTED FROM DISEASES
2006-12-28 16:29:26 · answer #7 · answered by kissmymiddlefinger 5 · 0⤊ 0⤋
Nope. It would probably be a waste of money. I would suggest mediation between the two of you and see if you can come to some sort of compromise. Unless the mother is abusing or neglecting, there is not a lot you can do.
2006-12-28 16:23:07 · answer #8 · answered by shaclare 2 · 0⤊ 1⤋
you would never win it, can always sue for it but not likely to get a good outcome based on that
2006-12-28 16:47:57 · answer #9 · answered by OziGirl_222 4 · 0⤊ 0⤋
You have prove her unfit.
2006-12-28 20:38:30 · answer #10 · answered by LC 5 · 0⤊ 0⤋