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Unvaccinated Parents being Denied Visitation, Perhaps Child Custody Also
Just as Some Who Refused to Quit Smoking Lost Custody of Their Children
All of these cases were based upon the universally recognized principle and legal standard - decisions must be based on "the best interests of the child" - since it's hard to argue that it's in the best interests of a child, particularly one too young to be vaccinated, to be unnecessarily exposed to a possible carrier of a dangerous and sometimes crippling or even fatal disease among young victims.
Banzhaf noted that, in some situations, parents who subjected their children to the unnecessary risk of exposure to secondhand tobacco smoke lost custody permanently - even after they agreed to change their behavior - because such conduct evidenced a blatant disregard for the child's health and well being.
Since the risk of becoming infected with Covid from an unvaccinated parent is many times higher than the risk of disease from exposure to a parent's tobacco smoke, and it's far easier for a patent to get vaccinated than to quit smoking, judges are even more likely to terminate the custody of a parent for refusing to be vaccinated than with regard to smoking, at least once vaccinated parents begin to raise this issue in divorce, visitation, and custody cases, says Banzhaf, whose legal research on how to raise the smoking issue in such cases should be equally applicable to raising the vaccination issue.
Once parents begin to effectively raise the issue of exposure to Covid in divorce, custody, and/or visitation proceedings - as nonsmokers did in many cases in which the law professor assisted - Banzhaf expects that judges will be even more willing to deny in-person visitation and even child custody to parents who refuse to be vaccinated despite the ever growing evidence of deadly risk, and the overwhelming opinions of governmental and other medical authorities.
Moreover, once vaccinated parents begin to follow the well trodden path established by nonsmoking parents, the legal challenges based upon their children's health - and the resulting rulings, which can be expected to occur very promptly - will provide an additional strong incentive for parents concerned about their children to finally get vaccinated, predicts Banzhaf.