Opinion
1900 EDA 2022 J-A28016-22
01-18-2023
CHAD BATTERMAN Appellant v. SILVIA SANTO
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the Order Entered June 23, 2022 In the Court of Common Pleas of Montgomery County Civil Division at No(s): 2019-06877 - Seq. #524
BEFORE: PANELLA, P.J., LAZARUS, J., and SULLIVAN, J.
JUDGMENT ORDER
LAZARUS, J.
Chad Batterman (Father) appeals from the order, entered in the Court of Common Pleas of Montgomery County, denying Father's Emergency Vaccination Petition. After our review, we affirm.
Father and Silvia Santo (Mother) were married in November 2014 and separated in November 2017. Mother and Father are the parents of C.B. and D.B. (Children), ages 5 and 3 years, respectively. On February 12, 2018, the court entered an order granting the parties shared legal custody of Children, granting Mother primary physical custody, and granting Father partial physical custody (one day a week and every other weekend). See Order, 2/12/18. On May 3, 2019, the trial court entered a custody order granting Mother sole legal custody and primary physical custody of Children and granting Father partial physical custody of Children. See Order, 5/3/19. Following a protracted hearing, held in July 2021, the court entered a custody order granting Mother sole legal custody of Children, granting Mother primary physical custody of Children, and granting Father partial physical custody of Children (every Tuesday from 8:00 a.m., until Wednesday at 7:00 p.m., and every other weekend). See Order, 7/16/21. That order also stated: "Both Parents shall follow the medical, dental and educational advice provided to them, including the taking/non-taking or application/non-application of all medicines recommended[.]" Id. On March 9, 2022, the trial court amended that order to include that the parties "shall strictly comply with the 7/16/21 order, as amended by 3/9/22 order, which provides Mother with sole legal custody to make final medical decisions with respect to the [C]hildren." See Order, 6/23/22 (emphasis added).
Father's petition pertains only to C.B.
This case has amassed hundreds of docket entries since 2017, primarily stemming from Father's efforts to obtain contempt orders against Mother. In this latest petition, Father sought a court order compelling Mother to take C.B. for a COVID-19 vaccination booster, as recommended by C.B.'s pediatrician. Father contends Mother's failure to do so is willful non-compliance with the trial court's July 16, 2022 order. Although this Court does not opine on Mother's failure to abide by the recommendations of C.B.'s pediatrician and Centers for Disease Control and Prevention (CDC), the fact remains that Mother has sole legal custody to make final medical decisions for Children. See id. Accordingly, the court properly denied Father's request for relief.
C.B. had received the COVID-19 vaccination.
On October 12, 2022, updated (bivalent) boosters became available for children ages 5-11. The CDC recommends everyone stay up to date with COVID-19 vaccines for their age group, including children and teens ages 6 months-17 years. https://www.cdc.gov/coronavirus/2019-ncov/vaccines (last visited 12/23/22).
Order affirmed.
Judgment Entered.