Immunization Exemption Question?!

Updated on June 25, 2013
J.B. asks from West Palm Beach, FL
16 answers

Both of my children have immunization exemptions, but my daughter's father is still pushing for her to get her shots. Are there any legal ramifications for trying to give a child shots when they have the exemption? I've been looking for answers on this and can't find any anywhere..

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M.D.

answers from Washington DC on

I would say he has just as much say in this as you do. She is also his child and he wants what is best for her, same as you, you both just disagree. Personally, I side with him.

The only one my husband and I disagree on is the flu vaccine. My kids do NOT get that one. He has had it every year of his life (in the Navy and in the medical field it was required) and now he is still involved in medical Navy and still has to have it to be at the hospital.

I NEVER got it growing up and refuse to start now.

My kids got it one year (they were 2 and 9 months) and they both got really sick. But that's the only vaccine I have an issue with. It's hit or miss as well, and I don't see the point. All other vaccines, in my opinion, are necessary and my children have received them.

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J.W.

answers from St. Louis on

He is their father, he has just as much a right to immunize them as you do to not. Court will probably rule on his side.

Thank god your kids have one parent looking out for their safety and no, I am not talking about you.

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G.B.

answers from Oklahoma City on

I can't say I believe in not getting shots so I feel like the dad should have some say.

This is his child too and if he wants his child to have their shots he should have a say in it. If he decided to take it to court I imagine he'd win. Most people give their children shots because they knew at least one person growing up who had one of these diseases that the shots prevent.

I know Polio is a horrible disease to live with. My next door neighbor had it and the braces and therapy's they had to do were extensive and painful. She never walked without them.

Mumps and measles are on the rise too. I can also say that shingles is the most painful and horrible experience of an adults life. I hope I never have an outbreak because I had chicken pox as a child. Kids are dying from these diseases today because parents choose to not get their immunizations.

Please know that he wants what is best for his child and he has rights and should be able to have a say in their medical care.

22 moms found this helpful

M.B.

answers from Tampa on

I'm with gramma g, I know a friend who lost her baby to pertussis and another who almost lost hers. Neither of them vaccinated their kids. Maybe you and her father should come to some agreement, like delayed and selective schedule. Because you need to consider his feelings, your BOTH her parents.

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J.C.

answers from New York on

Eating healthy has nothing to do with vaccines! You can eat all of the organic apples in the world and still get the Whopping Cough! Not only should your child get the vaccine, you should get one too. I suggest that instead of looking up vaccine propaganda that you look up what it is like to have Whooping Cough, measles, diphtheria, rubella, etc. Seriously, go see what you can pick up TODAY. Watch a kid cough from Whooping Cough. Read about how measles are on the rise due to people like you. And then let your hubby bring them to the doctor for their shots.

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K.M.

answers from Chicago on

All these diseases that are back on the rise are on the rise for ONE reason ... people are making the choice to not vaccinate when it is a perfectly sound choice. If he has any form of custody then he has every right to bring the child in and have it done.

Here are some informational videos on HERD immunity... I suggest you watch them, esp. the top one (it's my personal favorite) and educate yourself.
http://www.youtube.com/results?search_query=how+herd+immu...

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J.T.

answers from Dallas on

Unless he is somehow legally barred from doing so, he can walk into a pedi office and have it done - maybe he already has... I read your other post on this topic and I'd suggest you look at some credible studies.

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J.S.

answers from Hartford on

If he has just as much legal right to make medical decisions as you do, then I would have to say that no, there aren't any legal ramifications. Unless you put it in the custody order, it's probably fair game. Unless it's an actual medical issue, such as your children have allergies to some of the common components that are in vaccinations (like being allergic to egg whites).

If it's only because your opinion is that you believe it's better and your husband/ex-husband/child's father disagrees with you, then you may have to take it to mediation. But ask your custody lawyer.

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J.C.

answers from Anchorage on

No, there are no legal ramifications for a parent deciding to get their child shots. If you and the father can not agree on which shots are needed then you may have to address the issue in mediation or court and have it written into your custody agreement as to which shots will be given and at what age. If you are anti vax be sure to bring your research as I am sure he will have his and for many people the research of both the shots and the disease show that the benefits of the shots outweigh the risks. If your child has special medical reasons why they can not get the shots, bring a note from the doctor outlining the medical reasons.

Added:Penny N, just because our research lead us to a different conclusion then yours does not mean we are just going along or doing what is easy. We choose to look at both the vaccines and the diseases they lesson or prevent, and based on that and the rare risk of a vaccine injury have decided that the benefits outweigh the small risks. We are not playing "russian roulette" with our kids, we are protecting them. Everyone should do their research and reach their own conclusion.

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T.S.

answers from Washington DC on

If you have JOINT legal custody, he has as much right to get her immunized as you do to opt out. If the two of you can't agree on this medical issue, and there's no "tie breaker" provision in your custody order, you'll likely have to head to court and let a judge decide this particular issue.

If you have SOLE legal custody, that's another issue all together. In that case, he wouldn't have the right to make medical decisions for your daughter one way or the other. If that is at issue, the legal ramification wouldn't be for trying to give shots to a child with the exemption, but for violating a custody order which denies him medical decision making power. He could be fined and you could move to have other aspects of your custody order modified moving forward.

If your issue is that YOU (either individually or collectively at some point in the past) decided to exempt your children from immunizations, and he wants to violate that decision, you can't really use THAT as the your argument. Parents make and unmake decisions all the time throughout their children's lives as they gather new information, experience, and perspective. An immunization exemption is a documented choice, but it isn't a binding, lifelong commitment, and it certainly doesn't EXCLUDE your child from access to immunizations for all eternity.

Talk to your daughters father. Really talk... listen... and try to agree. If that fails, you'll need to file a motion with the court to try and get sole medical decision making authority (at least on this particular issue). But be forewarned when you file... you're likely NOT to win this legally, so be prepared that if you open that door, you may not be able to close it later.

Hope this helps,
T.

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C.V.

answers from Columbia on

What does your custody agreement say?

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H.M.

answers from Dallas on

It will all depend on who has the right to make medical decitions. If it's joint you may end up in court fighting it because he's got just as much rights if that's they case as you do to refuse them.

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S.B.

answers from Kansas City on

Without getting into the immunization issue, you need to look at the custody agreement. Who has the right to make medical decisions? If it's you, he should not be able to legally have them done. If it's both of you, you're out of luck if he goes ahead and does it. You may need to talk to your lawyer and make sure it's in the agreement that you don't want your child vaccinated.

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C.M.

answers from Washington DC on

I have no idea about any legal stuff, but good for you for not having your kids injected with terrible TERRIBLE harsh chemicals that do not even work :)

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T.A.

answers from Seattle on

Probably only if its a medical exemption. Otherwise it's up to the parent in charge of medical decisions according to your parenting plan and custody.

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S.B.

answers from Dallas on

What is the exemption for and who issued it? You could ask the organization that provided the exemption. Also do you have sole custody or joint custody and who have the rights and responsibilities of medical oversight. You could always look in your divorce papers and see if this is addressed or ask your attorney.

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