Salisbury, MD asked in Family Law and Child Custody for Maryland

Q: Do I need permission from my ex-wife to get my kids covid tested.

I have 50/50 joint custody and my ex is anti-vax and anti covid-19 testing. I want to take my kids to a convention this weekend that requires testing and so I ran it by the kids first, with the intent to ask her after I talked to them. One of the kids told her before I had a chance and now she's flipping out. My main question is, do I even need her permission to get them covid tested? There's also been an outbreak at their school, with two of my kids being exposed and the older kid's campus being shut down for half of last week...so it almost seems neglectful to not get them tested for that.

Should I only do it with her permission? Or can I just go do it since it's only a test/exam and not a procedure?

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1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: Is there a court order or judgment in place awarding one of you sole residential custody, or sole or final say in major medical decisions, or do you have shared custody or to you share those decisions equally? Is there a custody agreement in place that addresses the issue? You need to review your custody arrangement (agreement or court order), and then further consult with counsel as to whether going to court over the issue is worth it depending on what rights you currently have to make such decisions versus what is in the best interests of your children's health.

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