Legal Question in Family Law in Texas

I have joint managorial custody of my son through the attorney general. his mother doesn't belief in vaccines and decided to stop them at 4 months. what are legal ways of getting his vaccines because i belief he really needs them plus im about to have another kid in january? are there anything that could happen to me if i just took him to get his shot?


Asked on 10/26/11, 7:19 am

1 Answer from Attorneys

Bob Leonard Bob Leonard Law Group, PLLC

Read your order. It probably has language concerning who has the right to make medical decisions.

Typically, each parent has the right to handle routine medical decisions. There are usually special rules for invasive medical procedures. I don't know where vaccinations fall, but if the latter, then it makes a difference. If you do it and she complains to the court, you will probably claim that this is a routine medical decision and she will claim that it is an invasive procedure. If the court decides that it is the former, then you are OK. If the court decides that it is the latter, then:

If it is both of you or just you, then you can do so. If it is either of you with the consent of the other, then both parents have to agree. If it is either of you with notice to the other parent, then you would have to tell her that you are doing it.

Note that the Attorney General's standard order is different. It typically gives both parents the right to make medical decisions in an emergency involving immediate danger to the child's health and safety and gives one parent the right to consent to medical treatment involving invasive procedures; it does not address routine medical decisions.

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Answered on 10/26/11, 7:53 am


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