Q: If a parent has medical decision-making authority, can she require I be vaccinated in order to see my daughter?
The mother of my daughter (custodial parent) is refusing my visitation due to my non-vaccinated status. She states that because she has medical decision-making authority over my daughter, she can require this. I have offered to take a COVID test on the days of my visits and wear a mask but she says she doesn't trust the tests. She has refused my visits - threatening to call the police if I show up. I have filed a Verified Motion to Dispute Parenting time with the court but I haven't received a response from the judge yet. Any advice you can offer would be appreciated.
A: She does not have decision-making authority over you and she can not require that you be vaccinated. You are entitled to parenting time by virtue of the court order and she is obligated to allow it.
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