When parents share legal custody of a child, they typically must confer with one another regarding major decisions. If they are unable to come to an agreement as to which course of action to take on an issue, they may seek a resolution from the courts. If a court finds that the relationship between co-parents has deteriorated so that a joint decision is impossible, it may modify an existing custody arrangement. For example, in a recent New York ruling, a court examined whether a mother and father’s contrary viewpoints on whether their children should receive the COVID-19 vaccine warranted a change to the order defining custody. If you are concerned about your rights with regard to legal custody of your child, it is smart to meet with a trusted New York child custody lawyer to evaluate your options.
The Factual Background of the Case
It is alleged that the husband and the wife married in 2005 and had two children during their marriage. The husband commenced a divorce action in 2016, and the parties entered into a settlement agreement that was incorporated into a judgment of divorce issued in 2018. Pursuant to the agreement, they shared legal and physical custody of their children. In April 2020, the parties entered into a consent stipulation that required them to comply with all New York guidelines related to COVID-19.