July 12, 2021 -- Now that the COVID-19 vaccines are available for children ages 12 and older, some divorced parents are facing a challenge: What to do when one parent wants the kids to get the COVID-19 vaccine and the other parent doesn’t.

This is the situation facing Michelle Roy-Augustin*, a divorced mom of two sons, ages 12 and 10, who lives in Los Angeles. While her ex-wife wants their 12-year-old-son to get vaccinated right away, Roy-Augustin would rather wait, as some teenagers, albeit rarely, have had heart inflammation after their second dose of the Pfizer or Moderna vaccine, according to the CDC.

“I’d prefer to wait for there to be a larger sample size of kids getting the vaccine to see if there any other problems,” says Roy-Augustin. She says that she and her ex-wife are vaccinated and that the two have never disagreed about any of the other vaccinations their sons have received throughout their childhood.

“This is the first time we’ve disagreed about something like this. We’ve been remarkably on the same page with most of our co-parenting decisions -- until now.”

Ask divorce attorneys, and they’ll tell you that they’ve litigated plenty of vaccine issues between ex-spouses lately. But the law is clear: Generally speaking, if the parents aren’t divorced or living under an order, either parent can give consent for a child to be vaccinated, says Jennifer S. Hargrave, a divorce attorney at Hargrave Family Law in Dallas.

Are Your Children Sleep Deprived?Most American adults can admit to not getting enough sleep, but are your children sleep-deprived as well?155

JESSE: Help me look

for this piece.


Active, alert, happy.

But that wasn't always the case.

Before he began getting

a good night's sleep,

Jesse had trouble staying

focused and was often

fretful and uncooperative.

JESSE: I would be all tired

and not wanting to do my school

and thinking it was hard.

DAMON MAHARG: Jesse is not


A recent national sleep

foundation poll found

that nearly half

of all youngsters between 11

and 17

are getting less

than a full eight hours of sleep

a night.

Most kids this age

need about nine.

Adolescents with sleeping

problems are more likely to fall

asleep in class,

make worse grades

than their peers,

and are more apt to be unhappy,

tense, or nervous.

In some children,

sleep deprivation can take

the shape of hyperactivity.

KYLE JOHNSON: There's been

an estimate that up to 25%

of kids with ADHD

may have an underlying sleep

disorder that may be

either exacerbating

ADHD or potentially causing

ADHD-type symptoms.

DAMON MAHARG: Jesse doesn't

remember much

about his restless nights,

but his sleepwalking and night

terrors did leave an impression

on his mom.

PEGGY: You're suddenly awakened

out of a dead sleep

and you hear this boy just

crying and moaning.

And then you go in

and he's shaking and shivering.

JESSE: I'm thinking of something

north of the equator.

DAMON MAHARG: She consulted

Jesse's pediatrician

about the possibility

that he might be one

of the millions of kids who

suffer from a sleep disorder.

To be sure, sleep specialists

at Oregon Health and Science

University would need to conduct

an overnight sleep test.

Jesse didn't like that very


JESSE: I was all wired up

and it hurt when they took

the wires off.


diagnosed with restless legs

syndrome, a condition that

affects 5% to 10%

of the population

and is characterized

by a cramping or tingling

sensation in the leg.


frequent movements of his legs

that led to his brain waking up


And then once we made

the diagnosis doing a sleep

study we were able to offer



some signs that your kids might

not be getting a good night's


They have difficulty going

to bed in the evening.

They're slow to get up

in the morning and are then

cranky once they do get up.

They frequently fall asleep

during the day.

They often wake up at night

or they're chronic snorers.

As for Jesse, he could probably

tell you the value

of a good night's sleep

better than anyone,

but we wouldn't want to wake


For WebMD, I'm Damon Maharg.

Kyle P. Johnson, MD.<br> Assistant Professor of Psychiatry-Division of Child & Adolescent Psychiatry.<br> Associate Director, OHSU Sleep Medicine Program.<br> National Sleep Foundation; American Sleep Association./delivery/fe/a8/fea8151d-4ffc-4f0a-b23b-2e57ebf9fd72/fit-children-sleep-deprived_,4500k,2500k,750k,400k,1000k,.mp406/05/2017 00:00:00650350/webmd/consumer_assets/site_images/article_thumbnails/video/fit_children_sleep_deprived_video/650x350_fit_children_sleep_deprived_video.jpg091e9c5e81696d37

“However, once the parents separate and are living under a parenting order [such as a divorce decree], the order will govern which parent has the rights to decide on a child’s medical care, including ‘invasive medical procedures’ such as vaccines, since these puncture the skin,” she says.

Depending on the agreement, the right to consent to this sort of procedure requires both parents to agree. In other words, if one parent does not agree to it, then the other parent can stop the child from getting the vaccine, Hargrave says.

“The other parent can ask the court to use their judgment to step in and determine whether the child should have the vaccine,” she says.

For Roy-Augustin, the to-vaccine-or-not negotiation with her ex-spouse remains ongoing -- and stressful.

“I text my ex studies about the side effects of the vaccine, but I doubt she reads them,” she says. “My ex operates in a state of constant health anxiety. I think she’s assuming the schools will mandate the vaccine and then I’ll have no choice.”

Until the COVID-19 vaccine becomes mandatory -- if that happens, that is -- neither parent should unilaterally sign off on a child’s vaccine without the other’s consent, says Chantelle A. Porter, a family law attorney at A. Traub & Associates in Lombard, IL.

“It’s best to inform the other parent if you have the sole decision-making responsibility or get consent from your ex-spouse if you have joint decision-making,” she says.

If you still can’t come to a resolution and you remain in two separate vaccine camps, with neither party even coming close to a concession, you might consider sitting down with your child’s pediatrician or a mediator.

“I believe it helps for both parents to sit down and have a conversation with an expert about the pros and cons of the vaccine,” Porter says. “It’s also a neutral place where you can raise any concerns you might have.”

As for Roy-Augustin, she’s hoping to decide by the fall.

"We now have millions of kids getting their second shot,” she says. “If there aren’t any problems by October, then I will consider it -- but maybe the J&J and not two shots?”

Three Ways to Bridge the COVID-19 Vaccine Gap

If you and your spouse just can’t decide whether or not to have your child vaccinated against COVID-19, you should find a way to discuss this maturely, because this issue isn’t going to disappear overnight, says Elizabeth Cohen, PhD, a clinical psychologist in private practice in New York City and author of Light on the Other Side of Divorce.

Below, Cohen, also the self-described “Divorce Doctor,” suggests three ways to best communicate about this:

1: Separate your feelings for your ex from your co-parenting responsibilities

In fact, your goal should be to rethink the entire way you’re talking to your ex, Cohen says. “Ask yourself: ‘If I was negotiating with a business partner, how would I approach this situation?’” she suggests. “Yes, your ex is someone you have likely had a long history of not feeling heard. And, yes, this is playing into your conversations with your ex, but you have to put those feelings aside for the sake of resolving this.”

2: Stay factual

Avoid saying things like, “‘You always’ or ‘You never cared about the kids’ medical stuff before, why do you care now?’” Cohen suggests.

“Instead, be very clear about why you feel like this is the right decision,” she says. “Again, explain it as if you were talking to a neutral person and take any emotional language out of the discussion.”

3: Respect your ex’s point of view

It can be very challenging, but it’s very important to come from a place of respect for the other person’s opinion, Cohen says.

“Remember, your ex feels just as strongly about this as you do,” she says. “Ask him or her to explain how they came to their decision. Remember: Your underlying anger and resentment towards this person has nothing to do with whether your child should get the vaccine -- or not.”

*Name has been changed for privacy purposes

Show Sources

Michelle Roy-Augustin, Los Angeles.

Jennifer S. Hargrave, divorce attorney, Hargrave Family Law, Dallas.

Chantelle A. Porter, family law attorney, A. Traub & Associates, Lombard, IL.

Elizabeth Cohen, PhD, clinical psychologist, New York City; author, Light on the Other Side of Divorce.

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