Wednesday, January 12, 2011

Child Custody and Religion: The Hits Keep Coming, Folks!

An interesting case about medical decisions in child custody cases, with a religious issue overlaid on top of it. A judge, presented with giving either Dad, (who wanted child vaccinated) or Mom (who wanted the child NOT vaccinated, for ostensibly religious reasons) the decision-making authority to over-ride the other parent's preference, chooses Dad's view.

Query whether the outcome would have been the same had Mom's articulation of the religious basis for her objection been clearer, or if it had originated in a more "organized religion".

Hat tips to Doc Volokh and Howard Friedman for the pointer.

1 comment:

SFJD said...

I think the court made the right decision here. Vaccination is, without question, in a child's best interests. One parent's (non-medical) reasons for refusing to vaccinate probably shouldn't be relevant.

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