Family Law in New Jersey

family lawyer new jersey


Child Custody over Vaccination and Medical Intervention Disputes

Physical Custody: Where Your Child Resides

Legal Custody: Grants the Parent Decision-Making Abilities for Their Child, including Medical, Educational, and Religious, among Other Topics

A court dealing with family law in New Jersey can grant parents joint physical and/or legal custody. Combinations of these custody types are also possible, including sole physical/joint legal and sole legal/joint physical.

Parenting or divorce decrees typically determine which parent has decision-making control over the child’s medical issues. This situation refers to legal custody for medical issues.

Courts usually abide by the decree if it gives one parent sole control over the child’s medical decisions. However, some parents have split agreements that allow joint decision-making over the child’s medical decisions. These cases can become particularly contentious.

Unless the parents can negotiate through mediation or informal discussions, family law courts will decide which parent will control the child’s medical decisions. A long list of key factors will be analyzed under the “best interest of the child” standard. These factors include:

  • The parents’ ability to communicate, cooperate, and agree on matters involving the child

  • The parent’s willingness to accept custody and any history of unwillingness to allow visitation not based on substantiated abuse

  • The relationship and interaction of the child with their parents and siblings
  • Any history of domestic violence, if applicable
  • The safety of the child and either parent from physical abuse by the other parent
  • The child’s preference when they are of sufficient age and can reasonably form an intelligent decision
  • The child’s needs
  • The stability of the existing home environment
  • The quality and continuity of the child’s education
  • The parents’ fitness
  • The geographical proximity of the parents’ homes
  • The quality and length of time spent with the child before or after the parents’ separation
  • The parents’ employment responsibilities
  • The age and number of children
  • Any other factors the family law court wishes to consider

How the Law Office of Thomas Stavola Jr, LLC Helps You

A family law attorney can help navigate disagreements between you and your spouse/partner (or former spouse/partner) about medical or vaccine-related decisions for your child/children. Thomas Stavola Jr. builds your case before the court and advocates that the “best interest of the child” standard militates in your favor. He will ensure you gain control over your child’s medical decisions.

Contact the Law Office of Thomas Stavola Jr, LLC today to schedule an appointment.