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Could This Happen in an Orlando, Florida Area Custody Case?

A court in the Chicago, Illinois area prevented a mother from seeing her child because she did not have a Covid-19 vaccine. Could that happen in Florida? In an Orlando, Florida Area case to keep a parent from a child, you must show that the parent is unfit or a danger to the child. Examples of this are parents that abuse, abandon, or neglect their children. 

In the Chicago case, the judge brought up on his own that the mother could not see the child because she had not received the vaccine. The father never requested by motion or in court that request prior to the hearing and the judge’s ruling. However, after the ruling, the father’s attorney said they agreed with the judge’s ruling. That case is being appealed.

How it Works in Florida

In Orlando area court cases, the judge or the opposing party are required to give the other party proper notice in advance of the hearing as to what is being heard by the judge before the court. There are appellate cases in Florida wherein the appellate court has reversed the trial court judge when the trial judge did not properly put the parties on notice as to a topic of the hearing beforehand. You are entitled to proper notice as to what is to be heard by the judge. 

Remember, you or your attorney must make an objection on the record to the judge presiding over the case at the time the judge or the other party brings up something sua sponte to be heard on an issue that you were not properly notified of for a hearing. The objection is necessary to preserve your right to appeal. If you do not object on the record, you will waive your right. This is the case because you are entitled to proper notice under procedural due process. Therefore, you need to make sure you object to a violation of your procedural due process. 

Proving Child Endangerment

As to whether a judge could substantively prevent a parent from not seeing their child because they were not vaccinated, it is unlikely this would be upheld in Florida. There would be a stronger argument that it would be upheld if the opposing party could show that the non-vaccinated parent endangered the child. This would have to be shown by medical evidence with a doctor’s testimony or several doctors’ and immunologists’ testimony. 

The opposing party would have to show that the unvaccinated parent medically endangered the child; and they would have to prove how that parent’s actions medically endangered that child. There would be a better argument for that cause if the child had a preexisting medical condition wherein they were more likely to die if they got Covid-19. 

Courts have previously ruled in Osceola County that one parent could not prevent the other parent that was a medical care worker from timesharing with the child when they followed medical protocol of a hospital worker. This was at the beginning of the Covid-19 pandemic when there was no vaccine. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.