The Associated Press reports that an estranged New Jersey couple asked a family court on November 30, 2009 to settle a dispute over whether their school-aged child will be administered the H1N1 Flu vaccine. The parents have joint legal custody which means that they must mutually agree on any non-emergency medical care for their minor child.
In North Carolina when parents who have joint legal custody are unable to reach mutual agreement about non-emergency medical treatment for a minor child the parents must also seek relief from the Court. Ultimately, the Court will have to decide how to modify the parents' legal custody. In some instances, the Court may award sole legal custody to one of the parents. other times, the Court may decide to enter an order specifying "demarcated custody". With demarcated custody, one parent may be assigned the responsibility for making medical decisions while the other parent may be assigned decision-making authority regarding some other aspect of the child's life, for example, the choice of extra-curricular activities.
