Can I Vaccinate My Child Without My Ex’s Permission in New Mexico?

 

Vaccine talk can quickly turn a happy thanksgiving dinner sour.  Believe me, the rule of avoiding political topics with family members also applies to COVID vaccines.  But we’re not family – we’re friends – so let’s talk about vaccines.

Specifically, let’s discuss if one parent can vaccinate a child without the other parent’s consent.

 

JOINT FULL LEGAL CUSTODY AND VACCINATIONS

 

The ability to vaccinate a child without your ex’s permission depends on legal custody.  Specifically, do you currently have a court order that establishes joint legal custody?  If so, both parents have the right to make decisions regarding the child’s medical care, including vaccinations.

When joint legal custody has been established, vaccinating the child without the other parent’s permission may cause the court to hold the parent in contempt of court for violating a court order.

In some custody agreements, one parent may have final decision-making power over medical decisions.  When this occurs, the parent with final decision-making power can make the final decision without the other parent’s approval.

In general, however, the best practice is to get the other parent’s permission if joint legal custody has been established.

 

SOLE FULL LEGAL CUSTODY AND VACCINATIONS

 

A parent that has sole legal custody generally does not need the other parent’s permission to vaccinate the child.  However, at times, the court grants one parent sole legal custody, but requires both parents to agree on major decisions that impact the child.  In other words, you need to get the other parent’s approval if an order granting sole legal custody requires both parents to agree to major changes.

 

CAN CHILDREN DECIDE TO BE VACCINATED IN NEW MEXICO?

 

Some states allow minor to get vaccinated without their parents’ consent.  Nevertheless, New Mexico is not one of these states.  In New Mexico, the NM Department of Health’s consent form only requires one parent’s consent to a child’s vaccination.

Although only one parent’s consent is necessary, as discussed above, both parents must agree when joint legal custody has been established.

 

WHAT IF ONE PARENT WANTS TO VACCINATE AND THE OTHER DOESN’T IN NEW MEXICO?

 

 

The first step is to determine if child full legal custody has been established.  Specifically, has joint legal custody already been established?  Does the child joint legal custody enable one parent to make decisions regarding medical care or treatment?  If not, the best practice is to get the other parent’s permission before vaccinating the child.

When joint legal custody is present, failing to get the other parent’s permission could result in court sanctions.  In some sections of New Mexico, violating the court ordered joint legal custody could significantly harm a parent’s case.  Depending on the judge, violating child full custody and the court order could be viewed as a big change in circumstances that leads to modifying child visitation or full legal custody.

 

VACCINE DISPUTE RESOLUTIONS  — CAN I VACCINATE MY CHILD WITHOUT MY EX’S PERMISSION?

 

At times, the Parenting Plan requires parents to complete mediation/settlement facilitation before filing a motion to address a specific issue.  Even when mediation is not required, parents may benefit from attempting to resolve the issue through mediation.

Mediation is the process where parents and attorneys meet with a third-party mediator.  Contested and Uncontested Divorce and Child full custody mediators usually are highly experienced attorneys.  Often, the mediator is familiar with the assigned judge and legal issue.  The mediator is trained to help the parents resolve their legal issue outside of court.

At times, based on the time and cost of litigation, mediation is a better option than litigation.  Additionally, parents resolving issues outside of court tends to strengthen co-parenting and can help to prevent future issues. In other words, resolving one issue outside of court can help parents work together when future issues occur.

Sometimes parents are polarized and cannot reach a middle ground.  For instance, some issues (such as parental relocation) are a yes or no issue.  With these issues, parents may be unable to reach a middle ground.  When this occurs, mediation can be a waste of time and money.  Sometimes parents cannot reach a marital settlement agreement and the court needs to decide the issue.

 

TALK TO THE BEST FAMILY LAW ATTORNEY — CAN I VACCINATE MY CHILD WITHOUT MY EX’S PERMISSION?

 

Matthew Legan Sanchez is passionate about solving complicated family law issues. Sanchez has handled divorce and child full legal custody cases in courthouses across New Mexico, including: Rio Rancho, Los Lunas, Belen, Gallup, Santa Fe, Estancia/Socorro. Speak with a skilled and the best divorce and child legal custody attorney. Call (505) SANCHEZ when you have questions or concerns about child full custody.  Talk to Sanchez about child full legal custody issues such as, “can I vaccinate my child without my ex’s permission?”