Cleveland Heights, OH asked in Family Law and Legal Malpractice for Ohio

Q: Me and my ex share a kid and she is forcing me to get the covid vaccine if I want to continue seeing my kid. Is it legal

She already didn't let me see him for over two months because our Governor had the stay at home order in Ohio and now she is forcing me to get the vaccine if I want to continue seeing my son. I wondering if all this that she is doing is actually legal.

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2 Lawyer Answers
Joseph Jaap
Joseph Jaap
Answered
  • Cincinnati, OH
  • Licensed in Ohio

A: If you were not married to her, and if no court has granted you any parental rights, then she has sole custody and gets to determine who gets to spend time with the child, or even deny time completely. You could apply to the court for parental rights, but a judge might agree that she can refuse contact without a vaccine. The court also could order child support to start. If you and she are divorced, then you can apply to the court for a modification of the parenting agreement, but again, the judge could agree with her that a vaccine is required. Use the Find a Lawyer tab to retain a local family law attorney to review all the facts and advise you.

Cathy Cook Esq
Cathy Cook Esq
Answered
  • Cincinnati, OH
  • Licensed in Ohio

A: I agree with the prior answer. The governor’s stay at home order made an exception for parenting time court orders. So, if you had one of those, you could have proceeded with your time. Not sure why you wouldn’t want to get the vaccine, but there is no legal requirement to do so. However, your lack of following the guidelines and any vulnerability of your child could result in the court limiting your access to your child.

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