Legal Question in Family Law in California


I reside in California. I have a 3 year old son. Due to previous medical side effects I have had from vaccinations, due to my sons allergies, and due to religious beliefs I have chosen to delay vaccinating him. His dad, not wanting to pay child support has filed a response of 50/50 physical custody (after being emotionally, and financially abusive) as well as sole legal custody demanding I vaccinate him. He has lived with me solely for 15 months of his life, and we lived jointly with his dad for 24 months. I have been 100% responsible for his daily care in all of that time. Our son is healthy, thriving, and in no emanate danger of health issues. What are the legalities, and do I have a right to choose since he is not of legal age to consent?

Asked on 2/12/24, 3:18 pm

1 Answer from Attorneys


The legalities are the best interest of the child. I am pro-vaccination, however, your reasons to avoid the vaccination is reasonable. There is no direct legal provision other than best interest and therefore it would be in the judgment of your judge. He could go either way, however, if I were a betting man, I would put my money on your position. That is not a good legal analysis, but it will place your issue on a practical, understanding level. If you had a Doctor's letter stating that it is a reasonable position for you to take, it would be helpful for the judge.

I do not see that judge making a major change in physical custody, based on this issue. Father should have some time with the child and the fact that he has choosen not to spend time with the child is of more importance in a custody case.

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Answered on 2/13/24, 8:41 am

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