COVID VACCINE WARS IN CUSTODY BATTLES

Over the past few months we have seen an increase of heated disputes over vaccinating Children ages 5-17 as the COVID-19 vaccine becomes available and approved for younger children. Many parents can not agree on this topic and have turned to the New York courts to make that decision for them.

Recently, a NYS Court ordered that an 11 year MUST get vaccinated in a messy divorce ruling out of Monroe County. Justice Richard Dollinger sided with the pro-vax mother, despite the father’s concerns. 

“Waiting to be sure” as the father put, does not rise to a level of concern regarding the side effects of the vaccine “when the specter of a killing or incapacitating disease is swirling in the environment surrounding this young girl,” Dollinger said in his ruling.

“Scientists may never catch up to this ever evolving and elusive virus and variants.”

Attorney Leon Mindin discusses his legal opinion regarding COVID-19 vaccines for children in a November 2021 video.

Justice Dollinger ordered the mother to schedule an appointment for her daughter to get the shot immediately and  noted that the risks from the vaccine are lower than the risks that would come from the girl contracting COVID-19 — such as experiencing severe symptoms from the virus and importantly spreading it to others.

“This court is unwilling to kick this can down the road,” Dollinger wrote. “It could be years before any researchers have exacting accounts of either the short or long term consequences of the administration of this vaccine on 11-year-old girls with this child’s physiological makeup.”

This is not the first time that a judge has been asked to intervene in family disputes over the COVID-19 vaccine. In October 2021, matrimonial Judge Matthew Cooper (presiding in New York County Supreme Court) suspended a father’s visitation with his 3 year old unless he got the vaccine or had weekly negative tests.

The paramount concern when making any parental determination in which the Court substitutes its judgment for that of either parent, is the best interests of the child, under the totality of the circumstances. The Court determined that the best interests of this child are served by participating in the vaccine program. The mother wants the child vaccinated: the child agrees. So does her counsel. The father, already vaccinated, acknowledged that vaccines are important, even though he questions potential complications and side effects in its application to his youngest daughter. The child's pediatrician, selected by both parents, endorses an immediate vaccination and so did the Court.

You may access the full decision at J.F. v. D.F., Defendant., 2021 WL 5779901 (N.Y. Sup. Ct. Dec. 3, 2021)

As this issue will continue to dominate the headlines in the weeks and months to come, please feel free to reach out to our firm who has been closely following and litigating such issues for a free consultation at 888-501-3292 or click here to contact us.

New York Child Custody Lawyers

If your separation or divorce involves minor children, the issue of child custody is likely to be your focal point of your divorce proceedings. Divorce is never easy, no matter how contentious or amicable you may think it is, it is especially difficult for the children of the divorcing couple.

Law Offices of Mindin & Mindin, P.C., we help our clients with child custody issues that carry all types of complications. Schedule a free case evaluation with our New York City divorce lawyera if you require aggressive and knowledgeable legal assistance with your child custody issue.

HOW DO THE COURTS MAKE THEIR DECISION WHEN IT COMES TO CHILD CUSTODY?

It is a common misconception that custody defaults to the mother, that is not always the case, the results of a child custody dispute are never a certain conclusion and they can become very complicated and contentious. Many considerations are made by the court when deciding a child custody arrangement.

Children under the age of 18 will be under the court's jurisdiction when deciding custody. Parents, however, may continue to involve an older child in disputes regarding spousal support for assistance with educational costs, medical expenses, and medical insurance.

FACTORS THAT ARE INCLUDED IN THE COURT'S DECISION

When determining what is best for the child or children, the court will consider many factors, including:

• The age of the child (or children)
• Whether one parent has been the primary caregiver of the child
• Whether the child has any special needs
• The parenting skills of each parent
• The mental and physical health of the parents
• Whether there is any history of domestic violence
• The work schedules and job demands of each parent
• The proposed child-care plans of each parent
• The child's own preference, depending on his or her age

WHAT ARE THE TYPES OF CUSTODY?

Custody relates not only to where the child resides (residential or physical custody), but who is given the right and responsibility to make decisions for the child (legal custody).

• Legal custody involves making medical decisions and the ability to make decisions about the child's education. Often, both parents will want to share in these responsibilities, in which case they will have a joint custody agreement (if the court agrees it is in the best interests of the child). In most cases, courts prefer that both parents continue to develop a positive relationship with the child or children.
• The court may award sole custody to one parent in cases in which one parent may not want custody or may believe that the other parent is not fit to have either physical or legal custody. Sole custody does not relieve the non-custodial parent of his or her child support responsibilities. The non-custodial parent may also be able to obtain visitation rights, which the custodial parent must honor. Special conditions may be attached to visitation, such as requiring a third party supervisor for a parent who has a history of substance abuse, domestic violence, or mental instability.

In some cases, neither parent may be fit to care for the children. In this situation, other interested parties, such as grandparents, aunts, uncles, or even more distant relatives, may apply for custody. These parties may also seek custody when the parents have abandoned, neglected or abused the children, and if the third party or parties can demonstrate that granting custody to them would serve the best interests of the child or children.

CONTACT US TODAY FOR A FREE CONSULTATION

Our legal team can evaluate your situation and help you negotiate a reasonable solution, prepare and review the necessary paperwork, and ensure that the custody and visitation orders are fair to both you and your child.

Whether you are preparing for a custody battle, find yourself in the middle of one, or need to  modify an existing custody arrangement, our firm is ready, willing, and able to assist you.

Contact us at 888-501-3292 or e-mail us with any questions you may have.

New York City Order of Protection in Domestic Violence cases

An order of protection is an important and vital tool used to keep thousands of New Yorkers safe and maintain a recourse against an abusive partner or family member. 

It happens that sometimes domestic abuse is alleged against a person for the purpose of gaining an advantage in a contentious child custody dispute or in a divorce. Some people make false allegations as retaliation or believing that they will receive some type of sympathy from the court. Allegations of abuse against someone are very serious and when they do not reflect the truth can have a tremendous effect of putting someone's career, personal relationships and their reputation in jeopardy.

How can I fight a protection order?

To fight an Order of Protection you need the assistance of a skilled attorney. We here at Law Offices of Mindin & Mindin, P.C. are here to assist you during this difficult process. Your story is important to us and we understand the serious implications a protection order, even a temporary one, may have on your life and peace of mind. We will assist you in gathering evidence necessary to disprove the allegations and to question the truthfulness of your accuser. 

Do not wait until the last minute to retain us as your attorneys. An order of protection can have serious implications and we are best able to handle your case if we get involved from the outset. One of the worst moves you could make if you find yourself in this type of situation is not showing up to court and not calling us at 888-501-3292 or contacting us for a consultation.

An order of protection will have immediate consequences. Each order is different based on the facts of your case. A judge can order an individual to have no contact with the accuser or the children the two share in common. That contact often extends beyond the physical to phone calls, text messages and other forms of electronic communication (Yes, Facebook, Twitter, Instagram, Snapchat are all a major no-no). A protection order can also result in the accused being forced to move out of the shared home and may bar the the accused from possessing a firearm or consuming alcohol. 

There could be consequences to one's immigration standing. If a person is convicted criminally for domestic violence and is a non-citizen, this could be grounds for immediate deportation. It doesn't matter if the person has lived here 30 years, has purchased a home, has a stable job and extensive family here in America. A protection order may not constitute grounds for deportation, but it certainly will not help your application if you are in the process of seeking citizenship. If you violate the order in any way, that IS considered a crime, and could be grounds for deportation. 

What should I do about a false domestic violence claim?

Orders of protection can be issued by the New York criminal court, but can also be obtained in Family Court.

False allegations of domestic abuse are common in cases where there is a bitter battle for child custody. Accusers know that the courts will weigh the case in terms of whatever is in the best interest of the child. Showing that the other partner is somehow unfit or has a propensity for violence in the home can prompt a judge to set an arrangement that favors the accuser. 

Unlike the high standard of proof required in criminal court, grounds for orders of protection do not need to be proven beyond a reasonable doubt. This lower proof threshold means that it is up to the accused to show why such an order is unjustified. Given the seriousness of potential consequences, experienced legal help is always necessary.

If you want to fight a false order of protection New York City, call our offices at (888) 501-3292 or e-mail us for a free consultation.