Earlier this week the Food and Drug Administration (FDA) expanded emergency use authorization (EUA) for the Pfizer Covid-19 vaccine for kids aged 12-15. Teens aged 16 and up have been able to receive the vaccine since the original EUA issued on Dec. 11, 2020. Studies are on-going in children 6 months to 11 years of age with approval expected for children this aged in the near future. So, what if co-parents disagree on whether or not to vaccinate, who decides?
The question first leads with your custody agreement. If one parent has sole legal custody of the child, then that parent gets to decide. Remember that physical custody and legal custody are different. Typically parents share legal custody jointly and custody agreements have clauses that specifically related to medical decisions saying these choices are made together except in emergency situations. This means in a situation where you don't agree what the right course of action is, you custody agreement can be pretty unhelpful. So what happens?
Can you compromise?
As in any custody disagreement the first question is whether or not a compromise can be made. A discussion between coparents of why they feel the child should or should not be vaccinated can go a long way. Maybe the pro-vaccine parent is concerned about the stress the pandemic is having on the child, the child's loss of social interactions, maybe the child enjoys a contact sport and wants to resume their practices, or the has an elderly relative they are missing out on precious time with. The anti-vaccination parent may have concerns about the fact that the vaccine is only an EUA approval, meaning that not everything is known about the vaccine or they may have concerns about the way a vaccine is developed. Can you compromise? Is there one vaccine that your coparent feels more comfortable with? Would the pro-vaccine parent be willing to wait until the vaccine is fully FDA approved? Perhaps you can set up a joint conference with the pediatrician to see what they recommend and talk through your concerns. Make sure you discuss health concerns specific to that child or family and any religious beliefs that would prevent the child from receiving the vaccine.
Can you wait?
There are two important benchmarks which may effectively end the fight over vaccines.
With public health experts agreeing that COVID-19 is here for the long run, eventually two things are likely to happen. First, the vaccines will eventually receive full FDA approval. Parents may feel comfortable giving their child a fully certified vaccine than one with only an EUA. Second, eventually public schools are likely to require the Covid-19 vaccine for children. In some states, colleges have already taken this step. Once this happens most parents will agree that the vaccine is a necessity.
Can you mediate?
Well, we all know when it comes to working with an ex compromise doesn't always work, this is probably why they are your ex after all! So what is next? Consider post-divorce mediation. Mediation may allow you to work through your difference without the full time and expense of court. If both parents can agree to work with a mediator can can really save a lot of time, money, and frustration.
When all else fails: Court
Of course in the end, if parents truly can't agree, there is always going back to court. A parent can petition the court to become the sole legal custodian of the child or simply ask the court to allow them to make this one decision. As with all custody decisions, the court will consider whether the Covid-19 vaccine, or a change in legal custody, is in the child’s best interest.
Want to learn more about the Pfizer vaccine and its use in kids and teens aged 12 and up? Here is a link to the FDA's fact sheet!
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